Urban & Regional Planning Thesis by Shivani Garg

Critical Appraisal of Town Planning Schemes of different states of India. A case of Gujarat, Madhya Pradesh and Chhattisgarh

Thesis 2013

FACULTY OF PLANNING & PUBLIC POLICY CEPT UNIVERSITY

Critical appraisal of Town Planning Schemes of different states of IndiaA case of Gujarat, Madhya Pradesh and Chhattisgarh

Submitted by:

Guide:

Shivani Shrivastava

Prof. Madhu Bharti

Code No.URP-2910

Thesis: 2011-2013 A Postgraduate Research Thesis FACULTY OF Planning and Public Policy C.E.P.T University Kasturbhai Lalbhai Campus, Navrangpura, Ahmedabad-380009 INDIA

Shivani Shrivastava, URP 2910

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Critical Appraisal of Town Planning Schemes of different states of India. A case of Gujarat, Madhya Pradesh and Chhattisgarh

Shivani Shrivastava, URP 2910

Thesis 2013

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Critical Appraisal of Town Planning Schemes of different states of India. A case of Gujarat, Madhya Pradesh and Chhattisgarh

Thesis 2013

UNDERTAKING

I, Shivani Shrivastava, the author of the thesis titled â&#x20AC;&#x153;Critical appraisal of Town Planning Schemes of different states of India- A case of Gujarat, Madhya Pradesh and Chhattisgarhâ&#x20AC;?, hereby declare that this is an independent work of mine, carried out towards partial fulfilment of the requirements for the award of Masters Degree in Planning with specialization in Urban and Regional Planning, at the Faculty of Planning and Public Policy, CEPT University, Ahmedabad. This work has not been submitted to any other institution for the award of any Degree/Diploma.

Shivani Shrivastava Code No. URP-2910 Urban and Regional Planning Date: 28 Jun. 13 Place: Ahmedabad

Shivani Shrivastava, URP 2910

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Critical Appraisal of Town Planning Schemes of different states of India. A case of Gujarat, Madhya Pradesh and Chhattisgarh

Thesis 2013

DISCLAMIER This document describes work undertaken as part of a programme of study at the Faculty of Planning and Public Policy, CEPT University. All views and opinions expressed therein remain the sole responsibility of the author, and do not necessarily represent those of the institute.

Shivani Shrivastava, URP 2910

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Critical Appraisal of Town Planning Schemes of different states of India. A case of Gujarat, Madhya Pradesh and Chhattisgarh

Thesis 2013

Dedicated to my loving Pappa.

Shivani Shrivastava, URP 2910

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Critical Appraisal of Town Planning Schemes of different states of India. A case of Gujarat, Madhya Pradesh and Chhattisgarh

Thesis 2013

ACKNOWLEDGEMENT From the bottom of my heart I thanks to my thesis guide Prof. Madhu Bharti for her constant guidance and positive motivation throughout the semester without which this work could not have been possible. I would like to thanks Neela Munshi, Senior Town Planner, AUDA Himanshu Thakkar, AUDA, Ahmedabad Harshit Rana, Natasha Kinarivala

(My friends working as an Urban Planner in

AUDA) Ajay wakte, IDA, Indore Anil Kumath,Indore Zakir Khan, Buildkrafft, Raipur R.K Agarwal, RDA, Raipur Rohit Kandhelwal, NRDA, Raipur I would like to thanks my jury member Dr. Meera Mehta, Prof. Sejal Patel, Prof. Ajay Katuri for their valuable comments and appreciation which motivates me. I thank my family for supporting me at every single step of my life, Arpit Garg for his constant support and encouragement, my friends and for godâ&#x20AC;&#x2DC;s grace above all.

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Critical Appraisal of Town Planning Schemes of different states of India. A case of Gujarat, Madhya Pradesh and Chhattisgarh

Thesis 2013

Content ACKNOWLEDGEMENT ...............................................................................6 GLOSSARY OF ABBREVIATIONS ............................................................ 10 LIST OF FIGURES ....................................................................................... 11 LIST OF MAPS ............................................................................................. 12 LIST OF TABLES ......................................................................................... 13 EXECUTIVE SUMMARY ............................................................................ 14 A note on a terminology ................................................................................ 26 CHAPTER 1- INTRODUCTION .................................................................. 28 1.1 Background .................................................................................................... 28 1.2 Need of the study ............................................................................................ 31 1.3 Aim ................................................................................................................ 33 1.4 Research questions & objectives ..................................................................... 33 1.6 Scope ............................................................................................................. 33 1.7 Limitations ..................................................................................................... 33 1.8 Methodology .................................................................................................. 34

CHAPTER 2 â&#x20AC;&#x201C;LITERATURE REVIEW & FINDINGS ................................ 36 2.1 Land- A resource for urban development ........................................................ 36 2.2 Land development and management ............................................................... 37 2.3 Different techniques for Land development and management .......................... 39 2.3.1 Land Banking .......................................................................................... 39 2.3.2 Land Re-adjustment / Re- constitution/ Land Pooling/ Town Planning Schemes/ Town Development Schemes ............................................................ 40 2.3.3 Transfer of development rights (TDR) ..................................................... 41 2.3.4 Purchase of Development Rights (PDR) ................................................... 43 2.3.5 Floor Space Index (FSI) ........................................................................... 43 2.3.6 Rent Control ............................................................................................ 44 2.4 Land readjustment/ Land reconstitution / Land Pooling in International Perspective ........................................................................................................... 44 2.4.1 Japan ....................................................................................................... 48 2.4.2 Germany (Federal republic of Germany) .................................................. 50 2.4.3 South Korea ............................................................................................. 51

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Critical Appraisal of Town Planning Schemes of different states of India. A case of Gujarat, Madhya Pradesh and Chhattisgarh

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2.4.4 Amsterdam .............................................................................................. 52 2.4.5 Australia .................................................................................................. 53 2.4.6 Taiwan..................................................................................................... 54 2.4.7 France...................................................................................................... 54 2.5 Efforts to induce the LR project in other countries .......................................... 54 2.6 Inferences from International case studies ....................................................... 55

CHAPTER 3 URBAN PLANNING SYSTEM IN INDIA .............................. 57 3.1 Urban Planning system- a critical review ........................................................ 57 3.2 Urban Land development and Management issues .......................................... 60 3.3 Land Development and Management Techniques/ Models in India ................. 62 3.3.1 Delhi development authority model (DDA model) ................................... 62 3.3.2 Haryana Urban Development Authority: Haryana Land Pooling Model .... 63 3.3.3 Guided land development: Haryana Model .............................................. 66 3.3.4 Lucknow Development Authority: Lucknow Model ................................. 72 3.3.5 Guided urban development: Madras metropolitan development authority model ............................................................................................................... 74 3.3.6 Town Planning Scheme (TPS) / Town Development Scheme (TDS) ........ 74 3.3.7 Transfer of development rights ................................................................. 74 CHAPTER 4 SECONDARY ANALYSIS ............................................................ 79 4.1Case 1: GUJARAT .......................................................................................... 79 4.1.1 State Profile- a glimpse ............................................................................ 79 4.1.2 State Demographic Indicators .................................................................. 80 4.1.3 City profile: AHMEDABAD ................................................................... 81 4.1.4 History of Ahmedabad ............................................................................. 82 4.1.5 Urbanization and demographic status of Ahmedabad................................ 84 4.1.6 Urban Planning Process in Gujarat ........................................................... 85 4.2 Case 2: MADHYA PRADESH ....................................................................... 95 4.2.1 State Profile ............................................................................................. 95 4.2.2 State demographic indicators ................................................................... 96 4.2.3 City Profile: INDORE .............................................................................. 97 4.2.4 History..................................................................................................... 98 4.2.5 Urbanization and demographic status of Indore ...................................... 100 4.2.6Urban Planning process in Madhya Pradesh ............................................ 101 4.3. Case 3: CHHATTISGARH .......................................................................... 104 4.3.1 State Profile ........................................................................................... 104

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Critical Appraisal of Town Planning Schemes of different states of India. A case of Gujarat, Madhya Pradesh and Chhattisgarh

Thesis 2013

4.3.2 State demographic indicator ................................................................... 106 4.3.3 City Profile- RAIPUR ............................................................................ 107 4.3.4 History of Raipur ................................................................................... 108 4.3.5 Urbanization and demographic status of Raipur ...................................... 111 4.3.6 Urban Planning process in Chhattisgarh ................................................. 112 4.3.7 Town Development Scheme (TDS) of Raipur ........................................ 116

CHAPTER 5 COMPARATIVE ANALYSIS ............................................... 122 CHAPTER NO.6: CONCLUSION .............................................................. 138 BIBLIOGRAPHY ....................................................................................... 140

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Critical Appraisal of Town Planning Schemes of different states of India. A case of Gujarat, Madhya Pradesh and Chhattisgarh

Thesis 2013

GLOSSARY OF ABBREVIATIONS AMC= Ahmedabad Municipal Corporation AUDA= Ahmedabad Urban Development Authority DP= Development Plan IDA= Indore Development Authority GTPUDA= Gujarat Town Planning and Urban Development Act M.P= Madhya Pradesh LDM= Land development and management LP= Land Pooling LR= Land Re- adjustment RDA= Raipur Development Authority sq.km. = Square Kilo meters TP= Town Planning TPO= Town Planning Officer TDS= Town Development Scheme TPS= Town Planning Scheme(s)

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Critical Appraisal of Town Planning Schemes of different states of India. A case of Gujarat, Madhya Pradesh and Chhattisgarh

Thesis 2013

LIST OF FIGURES Figure 1: 12th five year plan proposes the major goals to be achieved. ............ 31 Figure 2 Land assembly methods ................................................................... 38 Figure 3 Types of land assembly models ........................................................ 38 Figure 4 FSI ................................................................................................... 43 Figure 5 Urban Planning system in India ....................................................... 57 Figure 6 Relationship between different plans and different levels of government .................................................................................................... 59 Figure 7 Gujarat State in India‘s Map ............................................................ 79 Figure 8 Gujarat State Map ............................................................................ 79 Figure 9 Ahmedabad District Map ................................................................. 79 Figure 10 Gujarat State‘s population (Total, Male and Female) of year 2001 and 2011 ........................................................................................................ 80 Figure 11 Ahmedabad Montage ..................................................................... 81 Figure 12 Growth of Ahmedabad City ........................................................... 82 Figure 13 Phases of Ahmedabad‘s growth near the river Sabarmati bank ....... 82 Figure 14 Wall city in old Ahmedabad ........................................................... 83 Figure 15 Population of Madhya Pradesh of year 2001 and 2011 ................... 96 Figure 17 Proportion of Madhya Pradesh‘s population to India‘s population .. 96 Figure 16 Madhya Pradesh sectoral contribution in GDP ............................... 96 Figure 18 Growth of Indore Planning Area .................................................... 98 Figure 19 Indore‘s decadal population variation from 1901 to 2011 ............. 100 Figure 20: Chhattisgarh‘s district wise population and density (2011) .......... 106 Figure 21: Total urban population of Chhattisgarh ....................................... 106 Figure 22 View of Raipur city in night ......................................................... 107 Figure 23 Different agencies of Raipur and there scope of work .................. 112 Figure 24 Diagram with the conceptual administrative boundaries ............... 113

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Critical Appraisal of Town Planning Schemes of different states of India. A case of Gujarat, Madhya Pradesh and Chhattisgarh

Thesis 2013

LIST OF MAPS Map 1 Greater Ahmedabad ............................................................................ 81 Map 2 Population density of Ahmedabad and its agglomeration of year 2001 84 Map 3 Development Plan of Ahmedabad, 1999 (Ballaney) ............................ 92 Map 4 DP of Ahmedabad showing the phase wise development of Town planning scheme 1999 ................................................................................... 93 Map 5 DP of Ahmedabad showing the TPS declared under the GTPUD act from 1915 ...................................................................................................... 94 Map 6 Indiaâ&#x20AC;&#x2DC;s map showing the location of Madhya Pradesh ......................... 95 Map 7 Madhya Pradesh district map 2001...................................................... 95 Map 8 Indore district map .............................................................................. 95 Map 9 Madhya Pradesh and Indore Planning Region ..................................... 97 Map 10 Growth of Indore city........................................................................ 98 Map 11 Indore in 1990 ................................................................................... 99 Map 12 Indore planning area in 2001 ............................................................. 99 Map 13 Indiaâ&#x20AC;&#x2DC;s map showing the location of Chhattisgarh State. .................. 104 Map 14 Political map of Chhattisgarh .......................................................... 104 Map 15 Raipur district ................................................................................. 104 Map 16 Raipur and planned expansion area of Naya Raipur......................... 105 Map 17 Raipur urban growth ....................................................................... 108 Map 18 Raipur urban growth ....................................................................... 108 Map 19 Main roads of Raipur city................................................................ 109 Map 20 The developed areas of Raipur over the years.................................. 110 Map 21 The locations of Ponds in the city Raipur ........................................ 111 Map 22 Raipur Master Plan 2021 ................................................................. 115 Map 23 Raipur map showing the location of Kamal Vihar Town Development scheme-04 ................................................................................................... 118 Map 24 Kamal Vihar- TDS-04..................................................................... 134 Map 25 Indraprastha Phase-2 ....................................................................... 135 Map 26 Plan of IDA scheme no. 114-I ......................................................... 136 Map 27 Plan of IDA scheme no. 165 ........................................................... 137

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Critical Appraisal of Town Planning Schemes of different states of India. A case of Gujarat, Madhya Pradesh and Chhattisgarh

Thesis 2013

LIST OF TABLES Table 1 Percentage of land expropriated and its use in Indore ........................ 23 Table 2 International movement of Land readjustment technology transfer .... 45 Table 3 Snap shot of Land Readjustment related acts of different countries ... 47 Table 4 State legislation for Town & Country Planning ................................. 61 Table 5 Gujarat State facts and figures of year 2001 and 2011 ....................... 80 Table 6 Ahmedabad statistical outline ............................................................ 85 Table 7 TPS prepared in AMC and AUDA .................................................... 89 Table 8 Land allotted to AUDA through TPS................................................. 89 Table 9 Preparation of TPS of Gujarat ........................................................... 90 Table 10 Duration of stages of TPS (based on data analysis of 140 TPS of AUA and AMC) ............................................................................................ 91 Table 11 Preparation of TDS of Madhya Pradesh......................................... 103 Table 12 Population of RMC and RUA of year 2011 ................................... 111 Table 13 Kamal Vihar land allotment formula followed in TDS-04 ............. 119

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Critical Appraisal of Town Planning Schemes of different states of India. A case of Gujarat, Madhya Pradesh and Chhattisgarh

Thesis 2013

EXECUTIVE SUMMARY Urban Development in India India is witness of high urbanization in past decades and comes among the one of the largest urban population in the world. India‘s urban population grew from the 290 million in the 2001 census to an estimated 340 million in 2008, and Mckinsey Global Institute projects that it could be 590 million in 2030. Some of the opportunities of India to 2030 projected by Mckinsey Global are as follows: 

5 times the number by which GDP will have multiplied by 2030.



270 million people net increase in working- age population



70 percent of net new employment will be generated in cities



91 million urban households will be middle class, up from 22 million today



68 cities will have population of 1 million plus, up from 42 today; Europe has 35 today



700-900 million square meters of commercial and residential space needs to be built- or a new Chicago every year

Economic growth and urbanization have always moved parallel to each other. Inspite of high economic growth rates Indian cities are deficient in regards to access to housing and basic services. Urbanization brings a number of problems also, such as haphazard development, inadequate housing, urban services (water, sewer, transport etc), and spiralling land prices, proliferation of slums, pollution and deterioration of urban environment. Cities are economic growth engines; indicate that there is an urgent need to understand the urban land development processes. Cities inspite of economic growth and higher income, it gives the best promise of a higher quality of life, where a human being grow, foster and get matured as a responsible citizen. Shivani Shrivastava, URP 2910

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Critical Appraisal of Town Planning Schemes of different states of India. A case of Gujarat, Madhya Pradesh and Chhattisgarh

Thesis 2013

In rapid urbanisation of cities, the local government can barely cope up just maintenance of the existing services within their jurisdiction. While ‗serviced‘ urban land may indeed be far below requirement of the urban area, the processes of speculative purchase and land conversion from agriculture to non agricultural use continue undiminished in the fringe area. Town Planning Schemes /Land Readjustment /Land Pooling is one of the most common methods of Land development and management used in all over the world for providing ‗serviced land‘.

Research question: TPS are implemented in many states but the outcomes or results are evidently different. What could be the reasons behind that?

Objectives: The following are the five clear and focused objectives of the thesis: 1. To understand the land development tools and mechanisms (especially Land Readjustment/ Land Pooling) used all over the world. 2. To understand the Acts and models of Land Development in all the three States.( Gujarat, Madhya Pradesh and Chhattisgarh) 3. To understand the Town Planning Scheme(TPS) /Town Development Scheme (TDS) mechanism of all the three States 4. To analyze efficiency & effectiveness of TPS /TDS of the three states in delivery of serviced land. 5. Recommendation or proposal for better implementation of TPS/ TDS

Scope: The concluded results and recommendations of the research might contribute to a better understanding of the use of Land readjustment/Land polling/ Town planning schemes across the different States of India.

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Critical Appraisal of Town Planning Schemes of different states of India. A case of Gujarat, Madhya Pradesh and Chhattisgarh

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Limitations: The research is based on qualitative analysis. (Literature studies, discussion with experts, concern authorities, stakeholders etc)

Methodology: Based on the background studies and inputs from various stakeholder consultations indicators would be evolve in order to appraise Town Planning Schemes for three states (Gujarat, Madhya Pradesh and Chhattisgarh) taken for the study. Indicators could be: 1.

Indicators for components like land distribution, opens spaces,

infrastructure development etc 2.

Indicators for Implementation and Governance.

Does TP scheme works for the public domain and for the urban poor?

Analyzing the present scenarios and learning from the case studies, the research aims to conclude with, Does any new development model or application or method should be incorporated that to make the TP schemes better implemented which could results in Cityâ&#x20AC;&#x2DC;s urban form more liveable.

Land, on one hand, is a scarce resource which needs to be utilized and mobilized appropriately in order to achieve balanced development and on the other hand, there is a very big need to supply land for housing the people. Land development and management 1 needs to be efficiently formulated and effectively implemented. It brings overall, integrated and substantial development of the city/town. Hence, the land development and management in India requires greater emphasis on issues related to the efficient supply and servicing of land.

Land development and management means process to make available the developed/ serviced land to the people on the right time.

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Critical Appraisal of Town Planning Schemes of different states of India. A case of Gujarat, Madhya Pradesh and Chhattisgarh

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There are different land development model used across the India. And these models are differed from state to state because people‘s perception varies place to place. So the outcomes are also different. Land development three steps:

involves Land Banking

1. Land assembly Land assembly

2. Land servicing

development

and Land Readjustment

3. Land disposal The different techniques for LDM areProject led land assembly used for redevopment of area

1. Land Banking (through Land Acquisition)

Land assembly model

2. Land Readjustment/ Land Pooling/ Land –Reconstitution/

Planned led land assembly used for new growth

Town Planning Schemes/ Town Development Schemes 3. Transfer of development rights (TDR) 4. Purchase of development rights (PDR) 5. Floor space Index (FSI) 6. Rent Control

Land Acquisition is one of the oldest and popular land development method used for providing the ―serviced land‖ to the citizens. Under the Land Acquisition act, 1894 the government could acquire the land from the landowners for ―Public Purpose.‖ The government pays the market price compensation in lieu of the losses incurred by the landowner due to surrendering their land. This traditional method of land development and providing serviced land to the citizens is very long and cumbersome process. Usually it takes years to get the Shivani Shrivastava, URP 2910

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Critical Appraisal of Town Planning Schemes of different states of India. A case of Gujarat, Madhya Pradesh and Chhattisgarh

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possession due to litigations. Landowners are always unhappy and unsatisfied because the amount reimbursed is fairly low. They are often displaced from their livelihood options.

Experience of Land Acquisition in Uttar Pradesh and Haryana states If we see the Land Acquisition methods used in Uttar Pradesh, which doesn‘t gives us positive feedback. Likewise for Yamuna expressway project, LA brought many issues and controversy. It‘s been seen that farmers were forced to be the part of their land at non- remunerative prices. In Land acquisition process Farmer‘s grievances are often ignored. Many families are displaced. Later on Chief Minister of UP on June 3rd , 2011 announced a new land acquisition policy, which stresses that approval of any development project in the private sector would depend upon the consent of at least 70 per cent of the affected farmers. Also the private developers could directly deal with farmers for compensation, while the state would only play the role of a facilitator and notify both the parties about the acquisition of the designated land. Likewise, on August 14th, 2012 the Haryana state government has announced the ―Land Pooling Scheme‖ whereby the landowners are given an option to become partners in the development process.

What

Land

Readjustment/

Land

Pooling/

Land

–

Reconstitution/ Town Planning Schemes/ Town Development Schemes? Land Readjustment/ Land pooling is a method used for land development and management. In this scheme, the land is consolidated by landowner consent and making them the partner in the scheme. This could be made mandate by the government. The land is pooled virtually by the landowners; the layout is planned in an orderly manner and then certain proportion of land is taken for

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Critical Appraisal of Town Planning Schemes of different states of India. A case of Gujarat, Madhya Pradesh and Chhattisgarh

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laying down the basic infrastructure and services. Rest 50-60% of the developed plot is given back to landowners. The size of the plot given back to the landowner is although reduced, but it is very much improved in terms of shape and accessibility. The owner gets compensation for the area expropriated from their original plot. The price of landownerâ&#x20AC;&#x2DC;s plot is generally increased by 5-8 times to the original price. Wherein the government lay down the infrastructure, open spaces, public facilities, take out some proportion of land to house the poor. In this manner we get the planned neighbourhood with all basic services or we get the serviced plot. The landowners pay the betterment levy and extra development charges to the development authority for developing the area. It is a self financing method for providing serviced land. It is very successful worldwide. We can say that Land pooling scheme is a micro level projects which fulfil the vision/goal of Development plan or Master Plan. The Land Pooling method varies from state to state or country to country. Town Planning Schemes in Gujarat, Madhya Pradesh and Chhattisgarh

Land Pooling/ Land Readjustment/ Land Reconstitution/ land Consolidation

models

other

countries-

International

Perspective Land readjustment is a method whereby the ownership of scattered and irregular plots of agricultural land is pooled, roads and main infrastructure are built, and the land is then subdivided into urban plots. Each landowner must contribute a portion of their previous land holding (commonly 30% of the total) to provide space for roads, parks and other public space, and for reserve land. The reserve land is sold at the end of the project to pay the costs of planning, administration and construction. The attractiveness of the method for landowners is based on the fact that substantial increases in the value of land may be achieved by the process, so Shivani Shrivastava, URP 2910

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Critical Appraisal of Town Planning Schemes of different states of India. A case of Gujarat, Madhya Pradesh and Chhattisgarh

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that the value of the individual land holdings can be greatly increased, even though the remaining area is smaller. The attraction for planning authorities is that projects provide land for public facilities, rationalise patterns of property division, build needed urban infrastructure. (Sorensen)

Japan In Japan almost 90% of the whole built-up area developed by more than 300 LR projects in past 95 years. LR has been very successful and dominant urban development method in Japan. Nagoya which is the third largest city in Japan, is exclusively developed by applying the LR methods. LR has assist or substituted many difficulties like-Financial weakness, Difficulty of LA, Area wide coordinated development, Public/ Private Partnership.

Germany In Germany LR is the main instrument in realizing local plans. It can be done by voluntary agreements or by compulsory measures.

South Korea South Korea has gained surplus profit of project balance sheet because of high land contribution ratio and sharp land price increase. 70:30 (development authority: landowner) is ratio at which land is expropriated by the development authority. Municipalities are often benefited from the LR project implementation, and the revenue derived from the sale of LR land exceeds more than 20% of the total revenue of the general account of Municipalities. The surplus profit accrued from the LR projects was utilized in low income housing and social facilities. Taiwan, Australia, some European countries such as France, the Netherlands, and Norway also follow the LR technique.

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Critical Appraisal of Town Planning Schemes of different states of India. A case of Gujarat, Madhya Pradesh and Chhattisgarh

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Ahmedabad (Gujarat) has a very comprehensive and robust legislative framework for urban planning as compared to other states in India. This legislative framework is known as the Gujarat Town Planning and Urban Development Act (GTPUD), enacted in 1976. The act is been amended from time to time to keep pace with the changing requirements.

TPS is a very old land development mechanism used in Gujarat under the GTPUD act 1976. Initially the Bombay Town Planning act 1915 was the guiding act in Maharashtra and Gujarat.TPS mechanism is primarily used for managing peripheral urban growth which requires the transformation of agricultural land to land suitable for urban use. The TPS are micro plans prepared for about 100 to 200 hectares typically involving 100 to 250 landowners. In TPS DPs vision is respected and accordingly the plan is laid out. In this manner Ahmedabad is able to achieve the comprehensive, grid iron and strong road network. SP ring road is one of the examples of successful TPS mechanism. The percentage of land expropriated is 15% for roads, 5% for parks, garden and open space, 5% for social infrastructure such as schools, dispensary, fire brigade, public utility place, 15% for sale by appropriate authority for residential, commercial or industrial use depending upon the nature of development and up to 10% for SEWS housing. In Gujarat, majority of land owners are satisfied because they also get compensated in lieu of land expropriated. But yes, on the other hand the landowners have to share 50% of profit of increased land value of the Final Plot they gets back and also they have to pay betterment levy and Extra development charges. In this manner TPS is a self sustaining model used for land development. To make the process fast many amendments were done in the GTPUD act 1976, like the TPS mechanism is split into 3 stages. Draft scheme, Preliminary Scheme and then Final Scheme.

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Critical Appraisal of Town Planning Schemes of different states of India. A case of Gujarat, Madhya Pradesh and Chhattisgarh

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After the sanction of draft scheme from the state government, the authority takes the possession on land and starts laying down the basic services and a TPO is appointed for hearing the objections and suggestions from the landowners. The mechanism is operated by competent urban planners, a relatively strong, statutory role of urban planners in local government. Also the DP-TP mechanism is inexpensive in nature, fair and equitable. Although the TPS mechanism faces the issues like getting delay from state government side in sanctioning the schemes. Till date 135 schemes are implemented by AUDA and AMC which covers around 225.9103 square kilometres.

Indore (Madhya Pradesh) has recently started opted mutual agreement with land owners in the land development method. Indore development authority (IDA) is the key player in developing the schemes known as IDA Schemes. Initially IDA used the Land Acquisition method for acquiring the land from the landowners. The result we can see in the Development plan. The DPâ&#x20AC;&#x2014;s level goal and vision are not being able to achieve. Most of the cases are stuck in litigation. In this manner it takes years to get possession on land. After getting possession IDA develops the infrastructure and disposes the plots. But IDA keeps the plots for long time so that the value will get increase and they will sell out the plots to get the maximum profit.. In this manner plots are not getting to the people on time and on the other hand itâ&#x20AC;&#x2DC;s not affordable also to a medium class people. Procedure of implementing TDS/IDA Scheme Firstly IDA finds the area having an opportunity of urban growth. Then they accumulate the land parcels prepare a base map and publish the intention of developing IDA scheme and call for suggestion and objections. IDA gives an option to landowners to become the partners in the development of scheme. The agreement says that they have to give their undeveloped/ un-serviced land to the authority in return they will get 25% of their original plots as developed and serviced plots. Landowners do not have to pay any stamp duty, betterment levy or extra development charges to the authority. Shivani Shrivastava, URP 2910

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Critical Appraisal of Town Planning Schemes of different states of India. A case of Gujarat, Madhya Pradesh and Chhattisgarh

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IDA s thumb rule for development of any scheme is: Percentage

From 50% of residential area IDA

Residential

gives 25% back to landowners, 15% to

Roads

LIG and EWS (1:2 ratios). The point

Open space

of consideration is IDA is spending

Public â&#x20AC;&#x201C; Semi Public

30% of land in road. On the other hand

Commercial

the Gujarat state had successfully

Table 1 Percentage of land expropriated and managed to develop the roads in 15% its use in Indore

of the total area. It shows there is

integration between DP and TPS. But in Indore it lacks. No DPs roads are successfully implemented till date. Town and Country Planning Organisation (T&CP) which is responsible for developing and implementing DP and IDA which is responsible for developing and implementing Town Development Scheme or IDA scheme had no coordination in between. These both organisations donâ&#x20AC;&#x2DC;t work parallel to each other. For example in 1991 DP a ring road was proposed which will carry out the heavy traffic from the city. IDA is not yet able to implement that ring road. The absence of a major ring road has been attributed as a drawback and obstacle to spatial growth as the direction of growth seems to be linear. The acquisition of land is a never ending process. IDA has opted new method for land assemble i.e. mutual agreement with landowner. But still there are big changes or modification should be incorporated in the act as well in the perception of people. So that people could get a better and affordable place to live.

Raipur (Chhattisgarh) has recently started Plot-reconstitution method for developing land or for providing the serviced land to the people. Initially Chhattisgarh used to follow the traditional method i.e. Land Acquisition method. Since this method did not give any positive result in providing the serviced land, managing the urban sprawl and fulfilling the overall vision of goal of the Master Plan. Kamal Vihar is the recent project of Raipur development authority which is also known as Town Development Scheme-04 Shivani Shrivastava, URP 2910

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Critical Appraisal of Town Planning Schemes of different states of India. A case of Gujarat, Madhya Pradesh and Chhattisgarh

Thesis 2013

which is planned on ―Plot- Reconstitution method‖ under the Chhattisgarh nagar tatha gram nivesh adhiniyam act 1973. In this, the RDA has reconstituted the plot with landowner consent and gives them 35% of developed plot. Here the landowner does not have to pay betterment levy and Extra development charges to the development authority.

How land pooling is a positive method for land development The research brings out the measures or proposal from which Town Planning scheme/ Town Development Scheme/ Land pooling/ Land Readjustment could used efficiently and effectively to manage the urban growth by providing or delivering serviced land on time. The study brings the detail knowledge of how TPS used in Ahmedabad, Indore and Raipur. And the process of planning, implementation makes the big difference in the overall development of the cities. The study could give the vision that how in most effective manner TPS tool could be used to manage the urban issues, housing, lack of infrastructure etc The broad five points I would like to make why there is a need to move away from conventional or traditional Land Acquisition method are1. Land Acquisition is old, cumbersome and time taking method. Most of the cases get stuck in litigations which take years to get settled and some time they don‘t get settled only. Hence the land assembly is in bits and parcel and the development takes place in piecemeal manner. LR/ LP/ TPS do not take years in land assembly because land is virtually pooled from the landowners. 2. Compensation paid in lieu of land taken from the landowner is often unsatisfactory. A person that‘s why opposes the LA and files the case in the court. LR/LP/TPS is equitable means of development. Each landowner and leaseholder shoulder fairly land and expenses for development of urban facilities. On the other hand, the benefits accruing from the development are

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also fairly distributed among then. Land readjustment project is oriented to self-financing. 3. Preservation of land titles Under land readjustment, land titles before a project are transferred to re-plots. Therefore, land titles are preserved during a project and a previous regional community remains. 4. Participation by landowners and leaseholders Landowners and leaseholders can participate in a project. Land readjustment is a democratic measure to reflect their views in the project. 5. Impartial procedures The processes for a project are regulated, ensuring transparency. When the scheme is implemented by local government, an advisory council of representatives of landowners and leaseholders follows the procedures. And when implemented by cooperative, general meetings of landholders and leaseholders are organized.

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A note on a terminology The Town Planning Scheme (TPS) and Town Development Scheme (TDS) is a type of land pooling, plot reconstitution, reconstruction of plots and / or land readjustment mechanism because according to Archer 1992, Land pooling/ Land readjustment= project recovers costs through the sale of land only. Plot re-constitution = project recover costs through betterment charges. By this definition, TPS does both hence it would be considered a hybrid of the two. Archer himself makes a different distinction 1999, Land pooling= land is legally consolidated before being re-constituted and redistributed to the original landowner Land readjustment= land is only notionally consolidated, making TPS is a type of LR Under Madhya Pradesh/ Chhattisgarh Nagar tatha Gram nivesh adhiniyam, 1973 a Town Development Scheme (TDS) may make provision for reconstruction of plots for the purpose of buildings, roads, drains, sewage lines and other similar amenities.

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CHAPTER 1-INTRODUCTION

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CHAPTER 1- INTRODUCTION 1.1 Background Urbanization2 is the most common phenomenon seen all over the world. According to World Bank Institute, over the next 20 years, nearly 2 billion new urban residents are expected, while one billion already live in slums. However, by only efficient Land development, planning and management will rapidly growing cities be able to accommodate new urban dwellers, and adequately deliver basic services. Urbanization brings a number of problems also, such as inadequate housing and urban services (water, sanitation, transport etc), spiralling land prices and construction costs, proliferation of slums, pollution and deterioration of urban environment. In rapid urbanisation of cities, the local government can barely cope up just maintenance of the existing services within their jurisdiction. While ‗serviced‘ urban land may indeed be far below requirement of the urban area, the processes of speculative purchase and land conversion from agriculture to non agricultural use continue unabated in the fringe area. The net result of this land development process is the exclusion of the urban poor. For a meaningful land management strategy which takes into account the land needs of the urban poor, it thus becomes necessary to examine the process at work, estimate the future land requirements and develop feasible programmes for a particular city. (Meera Mehta) UN- HABITAT‘s Medium- term Strategic and Institutional Plan 2008-2013 (MTSIP), adopted at the 21st session of its governing Council in April 2007, addresses the urban challenges of the early twenty- first century. The paper had discussed the urban challenges facing individual regions of the world. 2

Urbanization- Urbanisation is a process characterized by more and more people living in the urban areas. It is one of the most important transformations the world has witnessed in recent decades. India is an integral part of the process. In 2010, India accounted for 11 % of the world's urban population; the United Nations projects it to be 15 per cent by 2030. (JNNURM Directorate)

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Figure 1: The urban effect Source: WWW.IBM.COM/ SMARTER CITIES

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Challenges are: •

Rapid urban and slum population growth,

•

Rapidly increasing demand for housing, basic infrastructure and

services, •

Impact of climate change on cities.

While Indian cities have grown manifold in the past decades, and there is expectation that the pace of urbanization would accelerate in the future. The need for serviced land will be the foremost requirement in every city of India. As India urbanizes, its national, state and local governments have been trying in variety of ways to address the challenge of acquiring land and providing infrastructure to accommodate urban growth. India‘s urban population grew from the 290 million in the 2001 census to an estimated 340 million in 2008, and Mckinsey Global Institute projects that it could be 590 million in 2030. From experience across the globe as well as in India it has been observed that planning is best practiced when the decision making power is with local Institution. Unfortunately in India devolution of power both administrative and financial had been not adequate, and hence land use, urban and regional planning practice is weak due to limited capacities of local and regional level Institutions. Working group on Environmental Sustainability of Indian Cities for the formulation of the 12th Five Year Plan proposes the major goals to be achieved are as follows:

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Figure 1: 12th five year plan proposes the major goals to be achieved.

The twelfth five year plan also says that the guided mechanism for land acquisition, Development and Management is poor in our country. It need to be rectify the loop holes in mechanism and have to take measures to make it implemented in a better effective manner. The Report also says that Land Management through various mechanisms like TDR, PPP AND TP scheme etc has been weak and needs serious improvements in the practice. Any development must make optimum use of resource. In this research, balanced use of land and mechanism to develop it will be dealt it. India has adopted many land development and management techniques. These land development and management techniques differ from place to place since spatial planning and urban development is a state government subject and largely it depends on the response of the people.

1.2 Need of the study Practically all major cities in India are beset with an inadequate supply of serviced land. Speculating holdings of urban land further limit the supply. Given the existing structure of urban income and pattern of land ownership, the Shivani Shrivastava, URP 2910

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urban land market caters to the needs of the upper and middle groups while the landowners reap most of the benefits of rising land values created in the process of urban development. The low income majority are the worst affected in this process: not only their shelter needs but even their sources of livelihood are often endangered for want of access to and security of land tenure. (ESCAP) From the background study we came to know that in rapid pace of urbanization need of â&#x20AC;&#x2014;servicedâ&#x20AC;&#x2DC; land is foremost requirement in India. And in India Land Development and Management techniques differ from state to state. The research need to study different Land Development and Management techniques in whole world. Public authorities in India have exercised powers to intervene in the urban land market, though initially for the limited purpose of acquiring land for public works or for carrying out town planning schemes. Most of the urban land in India is in private ownership. Public authorities usually acquire land compulsorily under the Central Land Acquisition Act of 1894. (ESCAP) The Urban Planning in the State is a two level process: (I). At macro level, the urban planning is conducted in the form of Development/ Master Plan. (II). At micro level urban planning is done, in form of Town Planning Scheme/ Town Development Scheme, which is prepared for smaller areas of the City To achieve the objectives of the Development Plan, TPS/ TDS are prepared giving micro- level planning for smaller areas of about 100 hectares to 1200 hectares that are already under pressure of urban development. TPS/ TDS are conceptualized as a joint venture between the local authorities and the owners of the plots who voluntarily agree to pool their land, redistribute that land among them and share the development costs. Currently TPS/ TDS are implemented in states Gujarat, Maharashtra, Madhya Pradesh, Chhattisgarh, Andhra Pradesh, Tamil Nadu, and Punjab. Shivani Shrivastava, URP 2910

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1.3 Aim â&#x20AC;&#x2022;Critical Appraisal of Town Planning Polices of different states of Indiaâ&#x20AC;&#x2013;. Taking three states of India: Gujarat, Madhya Pradesh and Chhattisgarh.

1.4 Research questions & objectives Research question: TP schemes are implemented in many states but the outcomes or results are evidently different. What could be the reasons behind that? Objectives: The following are the five clear and focused objectives of the thesis: 1. To understand the land development tools and mechanisms (especially Land Readjustment/ Land Pooling) used all over the world. 2. To understand the Acts and models of Land Development in all the three States. (Gujarat, Madhya Pradesh and Chhattisgarh) 3. To understand the TPS/TDS mechanism of all the three States 4. To analyze efficiency & effectiveness of TPS /TDS of the three states in delivery of serviced land. 5. Recommendation or proposal for better implementation of TPS/ TDS

1.6 Scope The concluded results and recommendations of the research might contribute to a better understanding of the use of land readjustment across the different States of India.

1.7 Limitations The research is based on qualitative analysis.(Literature studies, discussion with experts, concern authorities, stakeholders etc)

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Due to time constraint, two TPS have neen taken for analysis from each city i.e. from Ahmedabad, Indore and Raipur.

1.8 Methodology Based on the background studies and inputs from various stakeholder consultations indicators would be evolve in order to appraise Town Planning Schemes for three states (Gujarat, Madhya Pradesh and Chhattisgarh) taken for the study. Indicators could be: 1.

Indicators for components like land distribution, opens spaces,

infrastructure development etc 2.

Indicators for Implementation and Governance.

Does TP scheme works for the public domain and for the urban poor?

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CHAPTER 2-LITERATURE REVIEW AND FINDINGS

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CHAPTER 2 –LITERATURE REVIEW & FINDINGS 2.1 Land- A resource for urban development The basic objective of urban development is equitable distribution of resources, particularly- Land, Infrastructure and housing. Land is a limited resource, which need to be managed efficiently. The supply of land plays an important role in supporting the quality of life in urban areas. There are many bottlenecks come across supplying serviced land. Typical problems include 

Inappropriate or unaffordable land use, building standards and regulations, such as unrealistic ratios of required public land to total site areas;



No allowance for mixed land uses;



Cumbersome and expensive procedures for land transfer (including cadastral mapping, titling, and registration);



Land held vacant for speculative purposes;



Lack of information to the public on land market indicators; and



Failures in coordination among agencies concerned with servicing new urban land.

All too often, these failures in the land market are compounded by irrelevant spatial planning processes that are unable to keep up with, let alone guide, new urban development. (Urban Sector Strategy-ADB.org) National Commission on Urbanisation (NCU, 1988) recognised the need for adequate supply of land, efficiency and equity in allocation of land and promotion of flexibility in land use. (Chattopadhyay) Thus, the main objectives of Urban Land Policy according National Commission on Urbanisation (1988) are as follows: 

To achieve an optimum social use of urban land;

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To make land available in adequate quality at the right time and for reasonable prices to both public authority and individual;



To encourage the cooperative community efforts and builders in the field of land development, housing and construction;



To prevent concentration of land ownership in a few hands and to safeguard the interest of poor and underprivileged section of the society; and



To use land as resource for financing urban development by recouping the unearned income which otherwise accrues to private landowners.

To the above objectives of National Commission on Urbanisation, the Planning Commission on task force on Planning of Urban Development added the following objectives: 

To encourage the socially and economically efficient allocation of urban land such that land development is done in a resourceconserving manner and that the magnitude of land used is optimal; and



To promote flexibility in land-use in response to change resulting from a growing city. (Jain)

2.2 Land development and management Land development means process to make available the developed / serviced land to the people on time. To ever increasing population, no. of cities and metros would be coming to accommodate them. There will be need of housing, commercial activities to generate economic activities, public amenities, opens spaces, good transport, infrastructure and basic services. Land development and management is needed to provide all above requirement to cater the population, to enhance their quality of life, to give them integrated options for public transport and lastly to give housing to SEWS/LIG section. Hence, Land development and management needs to be efficiently formulated and effectively implemented. It brings overall, integrated and substantial development of the city/town. Shivani Shrivastava, URP 2910

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For land development three steps are involved: 1. Land Assembly Land assembly is often done by various modes by adopting various models under the provision of legal framework or without legal framework. Land assembly is also known as â&#x20AC;&#x2022;Formal Land Supplyâ&#x20AC;&#x2013; which could be through public or private agencies. Usually formal land supply falls short as per the need or requirements of housing which gives rise to informally developed area (unauthorized colonies or slums), lacking in basic services and infrastructure. According to Louw, the only point of distinction is the scale of the development (A building or an entire area)

Land Banking Land assembly Land Readjustment

Figure 2 Land assembly methods

Project led land assembly used for redevopment of area Land assembly model Planned led land assembly used for new growth

Figure 3 Types of land assembly models

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2. Land development and servicing Land is developed by planning a basic layout where the uneven plots are given proper shape and access. Basic services and infrastructure are provided like roads, opens spaces, water supply, sanitation, electrification of street lights etc. Land required for commercial, Institutional and social is been carved out. 3. Land disposal After the land development and servicing, the final plots which are carved out in proper shape and access are given back to landowners. In some the authority sale their plots from the land reserved for sale to recover the cost of laying down the infrastructure. In that case they call for a lottery system, public auction, through inviting tenders, to dispose their serviced plots.

2.3

Different

techniques

for

Land

development

and

management 2.3.1 Land Banking It is an advance acquisition of land and holding it for future development. The development authority acquires the land from the landowners under the Land Acquisition act 18943, and gives them the compensation in lieu of their losses by surrendering the land to the concerned authority. Land banking is a concept of providing land for public purposes such as housing, managing land markets and directing land speculation and recaptures some of the betterment created in connection with rural- urban land development. A more appropriate definition of land banking is â&#x20AC;&#x2022;Land banking implies that government acquires land in advance of needs. The main advantages are that it 3

The land acquisition act 1894 is an act to amend the law for the acquisition of land for public purposes and for companies. Public purposes means for extension or development of village sites, for town or rural planning, for residential purposes to poor or landless or to persons residing in areas affected by natural calamities, for educational, health or slum clearance, any scheme or development sponsored by government etc

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allows the purchase of land, relatively cheaply, for public purposes and provide a tool to influence the pattern of development in accordance to overall planning objectives.â&#x20AC;&#x2013; (UNESCAP) A successful implementation requires string planning implementation and land use control mechanisms. Public land banks ensure orderly urban growth, effective planning, eliminating land speculations and reserving planning gains to local authorities. (Louw) 2.3.2 Land Re-adjustment / Re- constitution/ Land Pooling/ Town Planning Schemes/ Town Development Schemes LR is a tool for the coordinated implementation of land assembly in which the landownership within an area is redistributed among the existing landowners in the form of serviced building plots, whereas the land for public spaces (streets, parks etc) comes into public ownership. (Louw) Or Land pooling (sometimes called land readjustment) is a method whereby the ownership of scattered and irregular plots of land is pooled, roads and main infrastructure are built, and the land is then re-subdivided into new plots. Each landowner must contribute a portion of their previous land holding (commonly 30% of the total) to provide space for roads, parks, and other public space, and for reserve land. The reserve land is sold at the end of the project to pay the cost of planning, administration and construction. (Whalen)LR brings active participation of the landowners. It is a contrast tool against tradition Land Banking/Land Acquisition method which is often expensive, inefficient and time consuming. The concept of land readjustment was used by President George Washington when he formed an agreement in 1791 with the landowners of the site where the city bearing his name was to be developed. A legal framework was first introduced with the Lex Addickes in Frankfurtam-Main, Germany, in 1902.

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Different forms of land readjustment exist in many countries including Germany, Japan, Taiwan Province of China, Republic of Korea, Western Australia (land pooling), India (plot reconstitution) and Indonesia. A definition of the technique is provided by Archer (1987): "Land readjustment is a technique whereby a group of neighboring landowners in an urban-fringe area are combined in a partnership for the unified planning, servicing and subdivision of their land with the project costs and benefits being shared between the landowners". (UNESCAP) A Town Planning Scheme provides collaborative means of undertaking and financing land development without the need for compulsory land acquisition, but with the involvement of landowners. (Jain) TPS/LP/LR provides orderly layout of serviced plots. The cost of lying down of basic infrastructure is recovered through contribution from landowners. The entire scheme is self financing while the local development authority can secure the land for EWS /LIG housing and for public purposes. In this techniques government takes away 30-50 percentage of land from each land owner. The percentage depends upon the context of scheme. And give back well planned serviced plots with basic infrastructure. The expropriate land is been used for providing roads, open spaces, social infrastructure, public amenities, housing for EWS/LIG. In TPS the landowner has to pay betterment levy and external development charges. TPS is extensively used in the state of Gujarat. 2.3.3 Transfer of development rights (TDR) TDR is one of the land development technique in which development rights are transferred from land in areas deemed worthy of protection or to de-congest the place. Transfer of development rights is a system that gives landowners in places where development is discouraged an incentive to â&#x20AC;&#x2022;sellâ&#x20AC;&#x2013; some or most of their land development rights to landowners in places where public policy wants Shivani Shrivastava, URP 2910

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new development to occur. The titles to both properties remain with the original owners. No government expenditures are involved, except for the administration of the program. (Whalen) The process of LA in urban areas for public purpose especially for road widening, parks and playgrounds, schools etc is complicated and moreover itâ&#x20AC;&#x2DC;s time consuming TDR is tool for transferring of development rights 4 from places where development authority would like to decongest or prevent overcrowding or preserve the environmentally sensitive area or to protect heritage area (called sending area) to places where they would like to see more development(called receiving area). Or TDR means making available certain amount of additional built-up area in lieu of the relinquished by the land owner, so that he can use extra built up area either by himself or transfer it to another person who is in need of the extra built up area for an agreed sum of money. TDR was started in 1950s in Europe to develop agriculture land and India started in 1980s. There are six types of TDR- Road TDR; Reservation TDR; Slum TDR; Heritage TDR; Dilapidated buildings incentive FSI 5; Schools, hospital and hotel incentive FSI TDR does not involve outright purchase of land hence it is very useful tool for public sector works. Newyork became the first community in the US to adopt the TDR provision when it approved its Landmarks Preservation Law in 1968. Montgomery Count has successfully adopted TDR tool and had permanently preserved around 38,000 acres of farmland. New Jersey has also adopted successfully TDR method. 4

Development right means the right to carryout development or to develop land or building or both. 5 FSI is called also floor area ratio (FAR). It is the ratio between the area of a land parcel and the total amount of floor space which can be built on it.

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In India many states like Andra Pradesh, Karnataka, and Maharashtra are successfully using TDR as an urban renewal tool. 2.3.4 Purchase of Development Rights (PDR) The local authorities may purchase land outright or acquire only the development rights to ensure that important parcels remain in current uses or at least protect the land from irreversible development. The pre requisite is the formation of a land trust to be entrusted with development rights (held through recorded Conservation Restrictions) (R. J. Lacy) 2.3.5 Floor Space Index (FSI) The Floor Space Index is

the

percentage

allowed to construct on a plot. It is used to calculate built up area. According to Mr. V. K Phatak,

(former

principle chief town & country

planning

division,

Mumbai

Metropolitan

Region

Development Authority

and

presently Director of Figure 4 FSI National

Housing Source: www.toronto.ca/zoning/pdf/guide_fsi.pdf

Bank) â&#x20AC;&#x2022;FSI is an effective technique for a town planner to achieve a balance between development and available or planned infrastructure- water, sanitation, roads, schools, parks, etc. ....â&#x20AC;&#x2013; as said in an presentation at National Institute of Urban Affairs (NIUA). By innovatively modifying these legislations many states have been able to create virtual land within their jurisdiction. For example, most Indian cities Shivani Shrivastava, URP 2910

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have conservative FARs as compared to global standard6.Increasing FARs with the objective of increasing density of existing settlements creates the possibility of new housing. In Mumbai new DCRs permitted an increase in FAR from 1.33 to 2.5 under certain conditions. Dharavi Redevelopment Plan, considering the fact that livelihood of large number of people depend on the strategic location of this settlement permits FAR up to 4. In old areas of Nagpur city, to discourage people building dangerously without any specification the permissible FAR was increased to 1.5 for a residential building and 2 for building with mix residential and commercial use. Nagpur is also contemplating permitting additional 50 percent FAR, 1.5 to education, health and charitable buildings. (T&CP) 2.3.6 Rent Control The practice of imposing a legal maximum (rent ceiling) upon the rent in a particular housing market, below the equilibrium rent is called rent control. If this maximum is above that marketâ&#x20AC;&#x2DC;s equilibrium rent (different rental housing markets may have different equilibrium rents), then the control is null and void. But if the rent is set at a level below the equilibrium rent, it will necessarily lead to a situation of excess demand or shortage. In a free market, prices (here, rents) would rise automatically filling the gap between the demand and the supply. But rent controls prevent prices from rising up to the equilibrium level and thus, alternative rationing mechanisms such as black and uncontrolled markets evolve. (Dey)

2.4 Land readjustment/ Land reconstitution / Land Pooling in International Perspective Land readjustment is a method whereby the ownership of scattered and irregular plots of agricultural land is pooled, roads and main infrastructure are built, and the land is then subdivided into urban plots. Each landowner must contribute a portion of their previous land holding (commonly 30% of the total) to provide space for roads, parks and other public space, and for reserve land. The reserve land is sold at the end of the project to pay the costs of planning, administration and construction. Shivani Shrivastava, URP 2910

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The attractiveness of the method for landowners is based on the fact that substantial increases in the value of land may be achieved by the process, so that the value of the individual land holdings can be greatly increased, even though the remaining area is smaller. The attraction for planning authorities is that projects provide land for public facilities, rationalise patterns of property division, build needed urban infrastructure. (Sorensen) Well, as read in a paper written by an Alba Carolina BLANCO CH. A candidate for Master degree from Division of Architecture he says that land readjustment has a great potential in order to contribute to a cultural aspiration of more collective values and to redefine the core environmental and urban planning policy (ordering of the territory): â&#x20AC;˘

In the Rural zone: especially as a way to clarify the land- tenancy

(property), the use and the occupation of the land in the transition of the country International movements of Land Readjustment Technology Transfer 150 year ago, the agricultural LR method was transferred to GERMANY from Zurich Country, SWITZERLAND GERMAN AHJIKES ACT of FRANKFURT am main in 1902 greatly influenced to JAPANESE Land Readjustment method JAPANESE LR method was introduced to KOREA and TAIWAN before world war II 1930, British Planner brought LR technique (German LR Method) to INDIA and Australia 1979, the world Bank organized first International seminar on Land Consolidation in TAIWAN. 1982, International seminar on Urban Development Policies and Land Readjustment as a commemorative event to celebrate the completion of the war recovery LR Projects. Table 2 International movement of Land readjustment technology transfer

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S.no

Country

Legal origins/ Related Regulation

PeriodYears

Terms/ Technique applied

JAPAN

Introduced through the agricultural land consolidation act and then through the former land readjustment act.

1899 and 1954

Kukakakuseiri

GERMANY

Former Lex Adickes, Land consolidation act (LCA), also referred Baugesetzbuch (BauGB) and Law on adjustment of agriculture ( LAA)

LCA 1902 BauGB 1986 LAA (1990)

Baulandumlegu ng

INDIA

Bombay Town Planning Act

1915

Plot Reconstitution

AUSTRALIA ( western)

Western Australian Town Planning and Development Act (TPA)

Framework from 1928. Current TPA of 1984

Land Pooling

TURKEY

1934 1983 1985 2005

Land Readjustment

SOUTH KOREA

Municpal Expropriation Law 2497 (1934), current 2942 (2005), Building Amnesty Law 2981, Reconstruction Law 3194 (1985) Introduced through the city planning act and recently the Residential Land development promotion Act

1934 1980

Land Readjustment

TAIWAN

Indirectly in the Republicâ&#x20AC;&#x2DC;s constitution & Agrarian land consolidation program

1949 1958

Land consolidation

SPAIN

Land Use Law

1915

Reparcelacion

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S.no

Country

Legal origins/ Related Regulation

PeriodYears

Terms/ Technique applied

INDONESIA

Basic Agrar Law no.5, spatial use management law, law on housing and settlement

1960 1992

Land consolidation

10.

NORTH KOREA

Five lines of nature remodeling, Nature remarking policy and the agricultural law

1976 then late 90s

Land Realignmet

11.

CANADA

1.E Local Government Act (Chapter 323)

1983 and later up dates

Re plotting schemes

12.

COLOMBIA

Urban Reform Law, Territorial development Law

1949 1958

Reajuste de Tierras

13.

NEPAL

Land Acquisition Act, Town development Act

1976 and 1988

Land Plotting

14.

THAILAND

LAND Readjustment Act BE- 2005 2546

Experience with Land sharing before Land Readjustment

Table 3 Snap shot of Land Readjustment related acts of different countries

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2.4.1 Japan In Japan, applied for more than 100 years land readjustment was originally used for agricultural land consolidation. The government had enacted the Agricultural Land Consolidation Law (ALCL) in 1899, which promoted the readjustment of farm land boundaries to improve agricultural production. Almost 30% of urbanized land is developed by LR Technique. (CH, The role of Land Readjustment in Japan and its possibilities of application in Colombia) Urban land readjustment was legalized by the City Planning Law in 1919. The law says, a land readjustment project is executed for â&#x20AC;&#x2022;the purpose of improving public facilities and promoting the use of urban lots,â&#x20AC;&#x2013; but the method of executing the project must be in accordance with ALCL. Later on the Special City Planning law rectified some of the shortcomings of the ALCL system. The topography of Japan constitute 70% of mountains, volcanic zones and hills and to its high population density (340 people/per square km that rise up to 6632 people per square km in the urban areas), the planning entities has been challenged basically to exploit land characteristics under extreme natural circumstances. Land Readjustment has played a crucial role in three main disasters they came across: 1. The Great Kanto Earthquake (1923) In Tokyo, LR had developed about 22,000 hectares, based on reconstruction projects. 2. World War II 3. The Great Hanshin (1995) Initiation and Management The groups allowed executing land re-adjustment projects are: Shivani Shrivastava, URP 2910

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1. Private Initiators 2. Associations 3. Local Public Bodies 4. Administrative agencies 5. Public Corporation Responsibility of Project Management Local Public Bodies Landowners can legally express their opinions concerning the design and or/ the execution of projects at three stages: i. Designation of an ―execution area,‖ ii. Setting up of the project program, iii. Deciding the replotting plan. Their opinion are taken in a written format and examined and considered carefully by the local city planning council or by the land- readjustment council. Relation to the Master Plan Land Readjustment projects are executed in the ―urbanization promotion area‖ designated in the city plan. The project program is legally required to conform to the city plan, which usually stipulates zoning ordinances and layout of arterial roads, parks, and sewers. The central government establishes a comprehensive National Development Plan, National Land-use Plan, and Regional plans, such as the Capital Region Development plan. City Plans are legally bound to be consistent with any relevant National Plan. Equity issues

Shivani Shrivastava, URP 2910

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In establishing the replotting plan, it should match the former plot as much as possible. If any inequity results from replotting it is adjusted by monetary compensation. Cost- Equivalent Land Street and Parks construction are classified as category I work and executed in every project. Access roads, water supply, sewerage are classified as category II works, are decided in the project program and vary from project to project. 2.4.2 Germany (Federal republic of Germany) To achieve the optimum land use through land-use planning, the economic and planning system of the Federal Republic of Germany requires harmonization between urban planning by authorities and the free market economy. To solve the relevant problems, the key elements are land readjustment and land valuation. (Seele) In Federal republic of Germany land readjustment is been used from past 100 years. It origin was land consolidation for farmland and woodland. Land readjustment is used as an instrument for land organisation, which means both the provision of land needed for public purposes (especially transport, areas and ground for public use) and suitable formation of private land (location, shape, size) according to town planning. Land organization is done by: 1. Voluntary agreements (private land organization) or 2. Compulsory measures (sovereign land organization). And Sovereign land organization is utilized when the desired purpose cannot be attained by private land organization. Sovereign land organization can either be carried out by compulsory purchase, by compulsory readjustment, or by boundary regulations. These measures cannot be applied alternatively. (Seele) In most of the cases, the legal and actual circumstances require land organisation by compulsory readjustment. Shivani Shrivastava, URP 2910

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Time needed to complete project Three years at the most is taken for the compulsory readjustment. Servicing is realized no later than two years after completion of compulsory readjustment. Initiation and Management Compulsory readjustment is carried out either by the local authority or by an independent readjustment board. This is because of many different regulations and ordinances among the individual states. Compulsory interim purchase must be carried out the local authority itself or by a developer empowered by the local authority. (Seele) A development and micro zoning plan is required which is based on Master Plan for both compulsory readjustment, as well as compulsory interim purchase. Special Government Approvals Here, in Federal Republic of Germany subdivision by compulsory readjustment does not require normal subdivision permission, as would be the case with a project where the land had been privately assembled. Compulsory interim purchase consists of: expropriation of real estate that could not be acquired voluntarily; subdivision corresponding to the relevant development micro zoning plan, servicing and sale of all privately usable plots. Also privately usable plots must be sold to persons willing to build for a wide range of population and within an appropriate time. When selling, the former landowners are given priority to repurchase, and a preference is also awarded to people who do not own other land. 2.4.3 South Korea The Land Readjustment technique is been used in South Korea (Seoul) from late 1936, and almost four LR project covering 1,023 hectares of the project areas were completed before the second world war ended in 1945.

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South Korea has extensively used the method to reconstruct the cities destroyed by Korean Civil War and also to meet the need of rapid urbanization in metropolitan regions. So, in 1966, South Korea enacted the act for LR, providing the legal basis for LR projects. This encouraged the promotion of LR projects. Between 1960 and 1980 almost 42 projects covering approximately 11,700 hectares were completed. This period was a most dynamic time for Korean LR project experiences. Yong Dong area, the south of Han River is one of the largest LR projects in the world, and the project has more than 3000 hectares. One of the characteristics of Korean LR in this period was a very high land contribution ratio reflecting the sharp increase of land price and rapid urbanization. (Hayashi) In this way municipality in Korea depends on LR projects to improve the builtup area and develop the new suburban areas as the self â&#x20AC;&#x201C; financing project. Also, the LR projects in Korea brought the surplus profit of project balance sheet because of high land contribution ratio and sharp land price increase. Municipalities often benefited from the LR project implementation, and the revenue derived from the sale of LR financial land exceeded more than 20% of the total revenue of the general account of municipalities. (Hayashi) The landowners involved in the LR projects contribution sometimes exceeded more than 70%. That means the landowner only received less than 30% of the previous land as a re-plot. Also, the social and economic gap between the large landowner and the people who could not afford to have the land in cities were conspicuous. To mitigate the criticisms regarding the implementation of LR projects, the government introduced some countermeasures to provide low income housing and other social facilities. The surplus profits accrued from the LR projects were utilized for these purposes. (Hayashi) 2.4.4 Amsterdam From Amsterdam experience in policy of advance land acquisition which was carried out for a long term, enables a city to carry out policy of balanced, Shivani Shrivastava, URP 2910

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planned development without sprawling, fragmented development and at the same time to control the land market. Since 1896, land is given on leasing rather than selling has enabled land to be efficiently used in a planned development manner. Nearly 80% of Land is owned by city. 2.4.5 Australia In Australia LR is called as Land Pooling and only practiced in the State of Western Australia. As India, the power of town planning and land development is in Land pooling in Australia mean that it is a private and voluntary land development project for the area where the land is subdivided into small parcels and difficult to purchase by the private developers for a large scale development. In broader sense, the legal land development system is stipulated under the Town Planning and Development Act 1928 and Local Government Act 1960. There are two types of legal land development and sometimes are called land pooling in the wider context. (Hayashi) The Resumption Development Schemes (RDS) is the land development project for suburban new development, and landowners involved in the RDS area have two alternative choices. One choice is to sell their land for municipal government, and another choice is to keep the title and receive as a re-plot after the development of the area. (Hayashi) The Guided development Scheme (GDS) is another method of land development and subdivision for the large scale of land parcels with comparatively small numbers of land owners who wish to develop and subdivided their own land themselves. (Hayashi)

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2.4.6 Taiwan Taiwan is also influenced by Japan LR techniques.Between 1958 and 1993, Taiwan implemented 10,718 hectare of f LR projects. Most of the projects were implemented in Kaohsiung City. It is believed that some of the LR projects were implemented with Japanese legal system and in 1979; the Taiwan government enacted the implementation regulation on LR. This regulation has become a main legal framework for the implementation of LR projects in Taiwan. LR projects are implemented both by local government sector and private sector. Although privately initiated LR projects were implemented in small proportion. In both the conditions, there are conditions to acquire an agreement from more than half of the landowners and leaseholders involved in the LR projects. 2.4.7 France LR process is mainly the responsibility of the landowners unlike other countries like Germany, India where LR is handled by the local development authority. So, by this manner the economic gains are in the hands of landowners only. Private party are allowed to participate on a voluntary basis. Private consultants and surveyor are chosen to work out the plans and to conduct the proceedings. By involving private consultants, the local development authority does not have falls short in its resources. The LR technique in France opens more possibilities and options for landowners to pursue their own policy.

2.5 Efforts to induce the LR project in other countries Many countries in the world especially AESAN countries are eager to induce the LR into their development system. Among them Indonesia has made the significant progress in the recent years and it is reported that they are implementing approximately 300 LR projects.

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Itâ&#x20AC;&#x2DC;s been said that the success of LR inducement might be encouraged by the strong political leadership and the ample experiences of the Kampung Improvement Project, which overcomes the constraints of land issues in Indonesia.

2.6 Inferences from International case studies Land readjustment projects are often initiated and managed by Municipalities and Landowners. Land readjustment projects require majority of consents; and if minority holds out they use compulsory Land acquisition. In Germany the whole LP process from initiation to planning and implementation is taken care by the local development authority. But in the end the land is kept by the previous landowner after it has been reallocated to suit a new development plan. Also the final exploitation is left to the landowners. For the development of infrastructure the municipality is paid according to the conventional charges LP method is well established in Germany and most commonly used land development technique. In France, the major responsibilities are headed under landowners only. So the economic gains are in the hands of them only. . Also the landowners have possibilities to pursue their own policies. Private participation is called for preparing of pre-plans of LR projects. Initially many southern Asia countries like Nepal, Thailand and Indonesia has initiated the LR method of land development on pilot trials. Thailand is actively inducing LR projects to meet the rapid expansion of suburban areas in Bangkok.

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CHAPTER 3-URBAN PLANNING SYSTEM IN INDIA

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CHAPTER 3 URBAN PLANNING SYSTEM IN INDIA 3.1 Urban Planning system- a critical review Urban Planning by its nature is concerned with shaping the future of urban settlements and allocation of land for residential, commercial, institutional and industrial development. Planning and development means the physical and economic growth which meets effectively the social needs of the human society. (Thooyavan) • Urban Planning is undertaken at three levels viz. Central, State and Local. • Urban planning system is a function primarily at the State level. • Central government only lays down policies and guidelines for urban planning and development for the country. • Constituent states and union territories enact their own urban and regional planning acts.

Figure 5 Urban Planning system in India

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Being a colony the British, India underwent the same path of legislation in matter of urban planning. The first City Improvement Act came into existence after the recommendation of Sanitary Commission, 1894. City Improvement Trusts were created for development of colonies, which resulted in piecemeal development. Visit of Sir Patrick Geddes to India laid a strong foundation for planning legislation in India. (Thooyavan) Also Bombay Town Planning Act, 1915 and Madras Town Planning Act, 1920, paved the way for introducing Town Planning Schemes in India for expanding the cities. Urban land development in India is mainly through the long drawn and timeconsuming process. Also it depend on central governments investments and grants and lastly but most importantly under Stateâ&#x20AC;&#x2DC;s control. Delay in supply of serviced land often results in haphazard development, high land value, slums etc For the effective integration of spatial, financial, economic and institutional strategies the spatial planning should merge with the land management reform and land policies. (Jain)

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Figure 6 Relationship between different plans and different levels of government

Shivani Shrivastava, URP 2910

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3.2 Urban Land development and Management issues The main urban land development problems include: 1. Inequity between landowners, backlogs in public works, 2. Poor subdivision layout, delayed subdivision, 3. Excessive land speculation, land shortages, 4. High land prices. Various governments have responded to these developmental problems with a range of measures that give planning authorities a greater degree of control over the financing, timing and design of private land sub-division. These measures include subdivision, regulation, conditional rezoning and staged rezoning. These conventional measures, however fails to recognize and deal with the basic cause of these development problems. Land Pooling, however, provides a feasible and less costly alternative method of achieving the benefits of large scale development.

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S.N

State

Relevant Acts & Legislation

1 2

Andhra Pradesh Arunachal Pradesh

Andhra Pradesh Town & Country planning Act Arunachal Pradesh Town & Country Planning Act 1920 2007

Assam

Assam Town & Country Planning Act

Bihar

Bihar Town Planning & Improvement Trust Act,

Chhattisgarh

Chhattisgarh Town & Country Planning Act, 1973 1954

Goa

Goa Town & Country Planning Act,

Gujarat

Gujarat Town Planning & Urban Development

Haryana

Haryana Act, 1976Urban Development Authority Act, 1976

Himachal Pradesh

Himachal Pradesh Town & Country Planning Act,

J&Kashmir

Jammu !970 & Kashmir Development Act

Jharkhand

Jharkhand Town planning and Improvement Trust

Karnataka

Karnataka Act 1954 Town & Country Planning Act 1961

Kerala

Kerala Town Planning Act 1939

Madhya Pradesh

Madhya Pradesh Town & Country Planning Act

Maharashtra

Maharashtra regional & Town Planning Act, 1966 1973

Manipur

Manipur Town & Country Planning Act 1975

Meghalaya

Meghalaya Town & Country Planning Act 1973

Mizoram

Mizoram Urban & Regional development Act,

Nagaland

Nagaland Town & Country Planning Act, 1980

Orissa

Orissa Town Planning & Improvement Trust Act,

Punjab

Punjab 1956 Regional Town Planning and Development

Rajasthan

Act, 1995 Rajasthan Urban Improvement Act 1959

Sikkim

The Sikkim Urban & Regional Planning &

Tamil Nadu

Tamil Nadu Town Development Act & Country Planning Act, 1971

Tripura

Tripura Town & Country Planning Act 1975

Uttar Pradesh

Uttar Pradesh Urban Planning & Development Act

Uttarakhand

Uttarakhand Urban Planning & Development Act

West Bengal

West Bengal Town & Country ( Planning & development Act, 1979

Table 4 State legislation for Town & Country Planning

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3.3 Land Development and Management Techniques/ Models in India 3.3.1 Delhi development authority model (DDA model) As a part of long term plan (1961-81) large scale Land Acquisition, development and disposal initiated in Delhi in 1961. The experience of policy implementation in Delhi over the past thirty years or so has at best been a partial success. Ironically, of all the things the scheme fell short of its objectives in respect of land prices which initially impelled the policy intervention. Delhi Development Authority is the largest landowner. The land bank in Delhi was developed during 1950s and 1960s to direct and control the development of the city. However, apart from the fact that DDA is extremely wealthy, the land bank has not become an efficient land management tool mainly because of problems caused by acquisition, disposal and development policies. The acquisition process under the applicable law, the 1894 Land Acquisition Act, is both cumbersome and expensive in terms of time and money. The level of compensation has also been debated since it is based on the value of the land at the date of notification which can be 20 years before the actual transfer take place.

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3.3.2 Haryana Urban Development Authority: Haryana Land Pooling Model The governor of Haryana has notify ‗Land Pooling Scheme‘ for development of residential sectors by Haryana Urban Development Authority (HUDA), in the furtherance of the above, whereby the land owners are given an option to become partners in the development process. „Land Pooling Scheme‟ for acquisition and development of Residential sectors. The landowners under this scheme would have an option either to accept compensation in monetary terms as available under the Land Acquisition Act along with non statutory benefits under R& R policy or to seek the compensation in the form of developed plots as full and final settlement. The salient features of this Land Pooling Scheme is as follows: i. Applicability The LPS shall be applicable in respect of acquisition proceedings initiated for the purposes of development of residential sectors pursuant to this Notification and shall take effect from the date of its Notification in the official Gazette. The landowner(s) would be eligible to participate in the LPS only if a minimum of 1000 sq. Yards (836.127 sqm) or more of his/ their land is acquired. A one- time opportunity of exercise of option under this scheme shall also be available to the landowners in respect of the current acquisition proceedings for aforesaid purposes where Notifications under section 4 or section 6 of the Act have been issued and the period available for announcement of the award is four months or more. The landowner will required to exercise their option in writing on prescribed application form within a period of 60 days of the issue of Notification. ii. Procedure Shivani Shrivastava, URP 2910

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Landowner(s) need to submit in writing in the prescribed form within a period of four months of the publication of section 4 Notification. iii. Scheme The landowner(s) would get 25% of residential plot and 2.5% of commercial plot against its original plot. Or in the same proportion for the land acquired in lieu of the â&#x20AC;&#x2014;compensation package and all other benefits admissible under R & R Policy â&#x20AC;&#x2014;of the Government, at the time of first floatation of residential sector for which land of the applicant has been acquired. The applicant can also claim the amount in lieu thereof for the entitled developed land at the allotment rates applicable at the times of first floatation of the residential sector. The landowner(s), who opt(s) for the Land Pooling Scheme, will also have the option to request for payment of a part amount upfront at the time of Award as per floor rates as applicable to the area and seek developed plot as per floor rates as applicable to the area and seek developed plots as per entitlements at 5(i) above. The different sub-set of options under this option will be as under: i. The landowner may request for allotment of developed land as per his entitlement at the time of first floatation on refund of the amount availed earlier at the time of award, along with interest calculated @ 9% per annum, to the acquiring agency of the government. ii. Or the landowner may opt for allotment of developed land against balance amount as per his entitlement i.e. after adjustment of the advance amount paid to him along with interest thereon computed @ 9% per annum. In this case, his entitlement for the developed land shall be worked out on the basis of allotment price determined at the time of first floatation. iii. Or the landowner may opt for payment of the balance amount after adjustment of the amount paid in advance along with interest thereon computed Shivani Shrivastava, URP 2910

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@ 9 % per annum. His entitlement for the balance amount shall be worked out on the basis of allotment price determined at the time of first floatation. The landowner shall also have the option to opt for the ‗Land Pooling Scheme‘ in respect of part of his land being acquired and accept ‗compensation package along with the R & R Benefits‘ is split in the ratio of 50:50 of his land being acquired. In case of those owners where the land acquired is less than one acre (4849.0021 square yards), the developed site/ plots will be given in proportion to the land acquired. The allotment of plots shall be of standard size as per norms of Haryana Urban Development Authority. iv. Other Important Conditions i. In case the owners are co-sharers in the acquired land, the plots/ sites will be allotted in proportion to the share of each of the co- sharer. However, where such proportion is less than the standard size of the plots/ site, the owners will be eligible either to have a plot in their joint name or seek monetary benefits in accordance with their share. ii. The developed land will be allotted to the eligible landowners as per their entitlements through draw of lots from among the applications received from the landowners opting for the scheme. iii. Plots will be transferred on freehold basis and will be governed by the rules and regulations of HUDA. There will be no upper limit for the beneficiary landowner under the scheme for utilisation or sale of his developed sites. However, any subsequent purchaser of land shall be governed by the HUDA Policies as applicable from time to time limit for construction shall also be applicable for subsequent buyers as per HUDA policy. iv. The award in respect of the land pooled under this scheme shall be announced by the Land Acquisition Collector under section 11 (2) read with sub section (3) and (4) of section 31 of the Land Acquisition Act, 1894. Shivani Shrivastava, URP 2910

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v. wherever the entitlement of developed land is in fraction of the standard sizes of residential/ commercial plots, the landowner will be compensated in monetary terms for such fraction. vi. The Haryana Urban Development Authority shall execute conveyance deeds in favour of the landowners opting for the Land Pooling Scheme as per their entitlement/ allotment of developed land for which no Stamp Duty and Registration Fee shall be payable. 3.3.3 Guided land development: Haryana Model Under the section 3 of The Haryana development and regulation of urban areas act, 1975 (Haryana act no. 8 of 1975) the private developers are allowed to assemble parcels of land that exceed the limits set by the Urban Land Ceiling Act (ULCA) by taking the license of colonizer (Paying fees and conversion charges). In designated area, under the act private developers could assemble the land directly from landowners and develop such land for residential purposes according to stipulations that include: 1. Paying extra development charges (EDS) to the concern authority; 2. The reservations for low income housing. Brief Description: Gurgaon is a satellite town of Delhi metro area. Private developers were given the licence to purchase the land direct from the farmers/ land owners. Developers are responsible for developing internal infrastructure and social services. Of the total number of plots, 20 percent must be sold to EWS and LIG families at nominal price and another 25 percent of plots are sold on a no-profit no loss basis. The remaining plots could be sold at market price by the developer. Financial Strategy: Developers use their own funds for land purchase and payment of EDC to the authority. The developers take the short term commercial loan for internal development.

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A bold experiment in land assembly, development and disposal was initiated in Haryana using the Haryana Development And Regulations Of Urban Areas Act 1975, as a legal tool in addition to, compulsory land acquisition. OBJECTIVE: To utilize the technique of Negotiated Land Purchase, wherein; the private developer could acquire land directly from the farmers at the market price. At the same time, it permitted a landowner to assume the role of a colonizer. To meet the social objective of making land affordable to the poorer sections of the society by earmarking the percentage of plots/ flats for LIG and EWS. OPERATIONAL DETAILS: Integrated approach of development of residential areas along with Commercial and Educational components. Payment to the Development Authority for offsite infrastructural work. INSTITUTIONAL FRAME: HUDA -------------- Legal agency for undertaking land development activities, Off site infrastructure with other development agencies in the government sector. TCPO -------------- Management, monitoring and application of necessary correctives on a private developers operation. DEVELOPER ---- Details of land and layout of colony approved from TCPO, internal infrastructure. FINANCING: The private colonizer uses the self-finance approach to purchase land by raising loans from the market, and cross subsidizing LIG/EWS plots through sale of remaining plots. Also, the private developers has to furnish a bank guarantee equal to 25 % of the total cost of the internal and external development in the beginning, and keep 30% of the inflow of funds from the plot buyers in a separate account for the internal development. SCALE OF OPERATION: A minimum of 100 acres (40.5 Hectares) of land is required for the issue of license to the private developer who wants - to assemble and develop the land

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TIME FRAME: Development to be completed within 2 years, in case not completed, an application for extension of license period has to be made, thereby, extending the period by 3 more years. CONDITIONS FOR ISSUE OF LICENSE TO THE PRIVATE DEVELOPER: Reservation of 20% of residential plots for EWS and LlG category (in the size range between 50 sq m and 125 sq m) -to be allotted through the system specified by HUDA. Reservation of 25% of residential plots in the size range of 125 - 225 sq m on 'no-profit-no-Ioss‗ basis. A maximum of 55% of the plots to be disposed off at profits. Payment of external development charges and service charges for the total plot area and handing over the requisite land for water and sewage treatment works till completion of external services. Construct ion of building for community purposes and transfer of the same to the government free of cost. Responsibility for maintenance of the services of the colony for a period of 5 years till the date of transfer of the colony to the government free of cost. The developer is permitted a ceiling of a maximum net profit of 15% of the total project cost after making provisions of statutory tax. If the net profit is more, surplus has to be deposited with the government within 2 months. ADVANTAGES: • Average time period between the 'acquisition and completions of development work is about 2 years, thereby avoiding the difficulties and delays of the acquisition process. Time required for the construction of buildings on plots is between one to two years. • Reduced pressure on the government to pay compensation; as the private party provides all the cost of land development and disposal. The community facilities come under the government ownership with no investment. • Facilitating the private sector in urban development helps in enhancing investments than possible solely by the government sector.

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DISADVANTAGES: • The model is confined only to a residential pockets with small areas not cater the fast pace of development needed for rapidly increasing areas. • Private developers and the development authority seem to be the major beneficiaries. The farmers/ landowners though adequately compensated for, has no role to play once the acquisition negotiations are complete. • The provision of the infrastructure is limited to the layout level and does not take into account the Master Plan/ Zonal Level Facilities.

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Actvity

Actors Involved

Problems

Consequences

Recommendations

Land Assembly

Private Developer, Farmer

1.Most private developers are located in Gurgao alone. Act did not regulate location.

Located where sale ability is highest. Therefore unbalanced Regional Development

New strategy could be a combination of developing a strategic location and a remote, underdeveloped area

2.Licence issued for only 100 acres, despite Act which permits assembly of small parcels.

a) Discorouges small developers. b) Creation of number of subsidiary companies to fascilitate large assmbly. Influences scale of operation

Licence should be issued as per norms in the Act.

3. Irregular shaped parcels assembled.

a) Larger primeters higher costs b) Difficult to integrate

Khasras should be regularised

4.Integration of the colonies and the remaining underdeveloped land in each sector.

Discontinous development

Government should acquire and proportionate contributing should be mobilised from private developers also.

Approvals, Sanctions and Issue of Licence

Private Developer, State & TCPO

Time consuming process. Extension of licence for more than 1 year

Delays take place, costs increases. Development, not time bound

Single window approch. Extension only for 1 year

On Site Development

Private Developer

45% area to be reserved for publi use, 55% residential area.

Public use land is converteed to high profit

Ceiling on maximum amount of remunerative landuse.

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earning land uses. Affects pricing of plots

On Site Development Additional facillities provided to raise land value

These Buyer should be additional made aware what costs rise price he is paying for of plots

Disposal

Private Developed, HUDA (Monitors)

45% plots reserved for poor; wide social gap; not well integrated. Poor monitoring by HUDA.

a) Creates the smallest possible plots for this category. b) Sells to subsidiary companies and builds property to earn high returns.

Fixed proportion of the total area to be reserved for poor. Time stipulation for development and construction work to encourage quick habitation

Off Site Development

Local Authority (HUDA, HSEB, etc.)

Delays in offsite service provision

Decentralised system created for the time being

Proportionate EDCs should be given to local authority to encourage time bound development. Linked to progress of work.

Maintenance of Services

Private Developer

Completion'ambiguous

Since local authority not keen to increase the municipal boundary, private developer has to maintain for much longer. Affects costs

Local authority should adhere to Act and take over after 5 years of maintenance

Monitoring

Local Authority, HUDA.

Understaffed, lacks competence. Suspicious of Private Developer

Cost delays, costs increases

Concerned agencies should have adequate staff and capability. Create Developer Associates

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3.3.4 Lucknow Development Authority: Lucknow Model A Government order issued to Uttar Pradesh‘s development authority to give the license to private developer to develop. Brief Description: The developers have to pay for land and offsite infrastructure to development authority. The developers have to sell 40 percent of total plots for EWS to Lucknow development authority at subsidized rates. Rest plots could be sold by developers at market price. INTRODUCTION: • For speedy development of the city and to meet the growing demand of houses for the public, it was decided to give land on license basis to Private Builders for development and construction of houses in 1987 by the State Government of Utter Pradesh as per master plan norms. • To execute this directive, it issued Government order (G.O.) to the states twenty development authorities laying out its terms and conditions for this initiative. • The Lucknow Development Authority (LDA) was the first DA that voiced interest in implementing by selecting three developers with whom to proceed in negotiation of development licenses Ansals Housing Finance & Leasing, Ltd, Unitech Ltd. Of Delhi and ELDEC Housing & Finance Ltd. Of Uttar Pradesh. MAIN FEATURES OF THIS MODEL ARE: • The land to be given to private builder was acquired by the state government for the Lucknow Development Authority and compensation for the same is being given by the Authority with additional overhead expenses. • Developer should be authorized to allot plots/ houses on their own terms and conditions and he reimburses the DA for the raw land price of the entire site (marketable and non-marketable) from initially @ Rs.40/ sq. m. to Rs.100/ sq. m. • Developer pays/ reimburses the DA for the installation of the external development works (roads, sewerage, storm water drains etc.) @Rs. 37.5/ sq.m.

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• If the cost is not paid as per schedule, interest at the rate of 18% per annum shall be charged. The maximum limit for paying interest is 6 months, after which allotment is cancelled. • After examination of the scheme, approval of the Vice Chairman, LDA and the builder shall be intimated within 30 days from the date of receipt of scheme, provided there are no objections. • To ensure compliance with the all conditions as well as timely completion of site works, the developer is obligated to furnish a bank guarantee to the DA in the amount of 25 percent of the estimated cost of internal development. PROPORTIONS OF HOUSES IN THE SCHME: • Minimum of 70% of the total plots shall be used by the builder for construction of houses. This stipulation regarding house construction shall also include EWS houses. • In case of inability to dispose off the above % of houses within 18 months of the date of possession, with reasonable application he may permitted the sale of plots up to 50% of the total number. • The percentage of EWS houses shall be 40% of the total units in the layout with single storeyed according to LDA norms. 50% of the EWS houses shall be made available by the builder within 2nd year and remaining within 3 years • Cost of EWS house should be maximum 15,000, inclusive of cost of land or the ceiling fixed by the HUDCO (18,000) whichever is higher. • The plot area will be 27 to 36 sq. m. The registration and allotment of the EWS houses shall be done by the LDA after obtaining complete information from the builder. • Maximum 2% of the total area may be used for commercial purposes. In addition maximum 1% of the total area may be used for providing shops as scattered places in the scheme. •

The builder shall have no right to sub-let the work license.

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3.3.5 Guided urban development: Madras metropolitan development authority model For providing EWS and LIG housing units to poor‘s the Madras Metropolitan Development Authority had a joint venture with developers. The development authority purchases 75 percent of total units at subsidized rates from developers. And rest 25 percent of units for MIG and HIG could be sold by the developers at market price. 3.3.6 Town Planning Scheme (TPS) / Town Development Scheme (TDS) In TDS the local government takes the land from owner on mutual agreement. If the landowner doesn‘t agree for mutual agreement the land is been taken by local government under the LA act 1894. In mutual agreement with local government the landowner gets back 25-35 percentages of serviced plots. Wherein the landowner doesn‘t have to pay any betterment levy and external development charges to the local government. TDS is used in Madhya Pradesh and Chhattisgarh. 3.3.7 Transfer of development rights •

Transfer of Development Rights or TDR separates the development

potential of a particular parcel of land from it and allows its use elsewhere within the defined zones of the city. •

i.e. it allows the owner to sell the Development Right of a particular

parcel of land separate from that of the land. •

The plot from which TDR originates is called the 'Originating plot' and

the plot on which it is used is called the 'Receiving plot'. •

In short, TDR is a form of FSI, which entitles a landowner to construct

additional built-up area on his land. •

This entitlement is over and above the usual FSI available for the

receiving plot, i.e. the builder can carry out additional construction either on a vacant plot of land over and above the usual FSI or he can carry additional Shivani Shrivastava, URP 2910

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construction on an existing building, in accordance with the prevailing laws and regulations. TRANSFER OF DEVELOPMENT RIGHTS IN MUMBAI •

The concept of TDR was suggested for use in India by the Municipal

Corporation of Greater Mumbai (MCGB) in its proposed Development plan 1981-2001. •

It was thought of as an alternate to compulsory land acquisition under

the Land Acquisition Act of 1894. •

The MCGB due to limited financial resources in the past had great

difficulty in acquiring land for various public purposes. Not even 10% of the total area required could be acquired during the plan period of 1964-81; hence plan targets could not be actually implemented. LEGAL INSTRUMENT: •

The concept of Transferable Development Rights (TDRs) is elaborated

in and governed by Regulation 34 read with Appendix VII of the Development Control Regulations for Greater Bombay, 1991. The Development Control Regulations are framed under the provisions of the Maharashtra Regional and Town Planning Act, 1966, which is the parent Act for development. ESSENTIAL OF A TDR PROG. AND THE PRECONDITIONS FOR ITS SUCCESS •

There should be a ready market for the purchase of development rights.

While this is ensured if there is a land scarcity, the phenomena of TDR itself may reduce the market price for property as increased housing supply due to TDR will reduce demand and rates. •

The receiving zones must be well sited for the immediate development,

so that the purchase of additional development rights and development of higher densities become financially viable.

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Thesis 2013

Prohibition and restriction as development should be mandatory so as to

create origination as sending plots. •

There should be at all times a stable and growing market for the

development rights not a fluctuating one. •

There should be, enough receiving base in the city by way of

permissibility through regulations (e.g., BMC had amended the development control regulations for grater Mumbai to permit 1.0 extra. FSI due to TDR.) POTENTIAL BENEFITS AND COSTS OF TDR: LOCAL BODY: BENEFITS: •

Payment of monetary compensation to the landowner is avoided.

therefore saving scarce financial resources of the local body. •

The land is -made available to the local body' free of encumbrances

making the surrendered land available for development immediately. •

Since private gain is involved in the process, the initiative exists for

the-landowners to get the formalities completed much faster. Therefore land under reservation is available for development much faster. COSTS: •

The mechanism utilizes the real estate market. The transfers are to

already congested areas within the city thereby putting additional pressure on the already strained infrastructure. •

The mechanism by its very nature dilutes the zoning regulations.

THE LANDOWNER AVAILING THE TDR: BENEFITS: •

The mechanism ensures adequate compensation to the landowner. In

most cases it is between 2.5 to 3.5 times the compensation he would have Shivani Shrivastava, URP 2910

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received from the Municipal Corporation if the land had been compulsorily acquired. •

As the time taken by the process is less, about one year, the landowners

can cash on the potential of his land much earlier. COSTS: •

The only cost that the landowner has to bear would be in getting his

land free from all encumbrances, leveling it and building a fence around it. THE PURCHASER OF THE ADDITIONAL DEVELOPMENT RIGHT: BENEFITS: •

The purchase of Development Right is cheaper1than actual purchase of

land from the market. •

It would be more profitable' for the purchaser to develop the property at

higher densities. COSTS: •

No potential cost can be envisaged with respect to the' purchaser of

additional Development Right.

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Thesis 2013

CHAPTER 4-SECONDARY ANALYSIS

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CHAPTER 4 SECONDARY ANALYSIS 4.1Case 1: GUJARAT 4.1.1 State Profile- a glimpse 

The state of our father of nation is one of the most rapidly growing and progressing state in India in recent time.



The

.capital

Gujarat

Gandhinagar. 

Gujarat was created on May 1st 1960 Figure 7 Gujarat State in India‟s Map out of 17 northern districts of the former state of Bombay.



Location on the western of India, Gujarat has the longest coast line of 1,600 km.



Ahmedabad is the most populated city in the State with 7.20 million people in 2011.



The State currently has 26

Figure 8 Gujarat State Map

districts (226 talukas, 18,618 villages, 242 towns) (Official Portal

Gujarat

Government,

India) 

Gujarat has tremendously grown in the field of Infrastructure and Revenue from different fields like agriculture and technology.



Gujarat stands on 10th position in the list of most populated state in Figure 9 Ahmedabad District Map India.

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4.1.2 State Demographic Indicators 

The State has 42.6% of Urban Population in 2011, which was 37.4% in 2001.



Gujarat

has

lower

density

compared to other state of India i.e. 308/sq.km. 

Gujarat‘s area is 1, 96,024 square km.



Figure 10 Gujarat State‟s population (Total, Male and Female) of year 2001 and 2011

In terms of area Gujarat is 7th

Description

2011 Population 60,383,628

Actual

2001 50,671,017

(Gujarat state) Population growth

19.17%

22.48%

Area in square km

196,024

Density per square km

308

258

Literacy

79.31%

69.14%

Urban Population

42.6%

37.4 %

Table 5 Gujarat State facts and figures of year 2001 and 2011

largest state in the country. 

The Gujarat‘s urban population has been increased by 5 percent approximately from year 2001 to 2011.

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4.1.3 City profile: AHMEDABAD 

Seventh

largest

agglomeration in the India. 

Largest

city

Gujarat. 

Second biggest trade centre

western

India. 

Population approx 5 millions.



The

greater

Ahmedabad

Urban

agglomeration covering an area of about 4200 sq. km. 

The

Greater

Ahmedabad

Urban

agglomeration is an Figure 11 Ahmedabad Montage amalgamation AMC,

of AUDA,

Gandhinagar surrounding

and villages,

Chatral, Bhopal and surrounding

villages

adjoining

AUDA

limits. 

Ahmedabad lies along 23' N latitude and 72058' E longitude at an

altitude

meters above sea level. Map 1 Greater Ahmedabad Shivani Shrivastava, URP 2910

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The city Ahmedabad is divided by the

Sabarmati

River

into

two

physically distinct regions known as Eastern and Western Ahmedabad. The eastern bank of the river is the traditional old city with within the fort walls with relatively high density development, large concentration of commercial activities and narrow streets.. The main railway station and numerous temples are also situated in Eastern Ahmedabad. Wherein the western region of Ahmedabad is well planned having modern houses, eminent educational institutes, shopping malls etc. Figure 12 Growth of Ahmedabad City Source:

4.1.4 History of Ahmedabad The city of Ahmedabad was founded on 4th march 1411 AD as a walled city on the eastern bank of the river Sabarmati. In the 11th century, Karandev I, the Solanki ruler of Anhilwara (modern Patan) waged a successful war against the Bhil king of Ashaval and established a city called Karnavati located close to river Sabarmati.

Figure 13 Phases of Ahmedabadâ&#x20AC;&#x;s growth near the river Sabarmati bank

The Solanki rule lasted until the 13th Source: century, when Gujarat came under the control of the Vaghela dynasty of Shivani Shrivastava, URP 2910

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Critical Appraisal of Town Planning Schemes of different states of India. A case of Gujarat, Madhya Pradesh and Chhattisgarh Dholka

and

Karnavati

Thesis 2013

was

conquered by the Sultanate of Delhi. In 1411, the rule of the Muzzaffarid

dynasty

was

established in Gujarat and Sultan Ahmed Shah renamed the city Ahmedabad after his name. The Old Ahmedabad city was encompassed within Bhadra Fort built by Sultan Ahmed Shah. This Figure 14 Wall city in old Ahmedabad fort has around 12 ‗darwajas‘ (entry gates) with remarkable carvings and calligraphy, the most famous being the ‗Teen Darwaja‘. In the 19th century, the textile and garments industry received strong capital investments. On 30th May 1861, Ranchodlal Chhotalal founded the first Indian textile mill, the Ahmedabad Spinning and Weaving Company Limited. This was followed by the establishment of a series of textile mills such as Calico mills, Bagicha Mills and Arvind Mills. By 1905, there were about 33 textile mills and under the influence of Mahatma Gandhi's Swadeshi movement of purchasing self made goods, Ahmedabad flourished to become the ‗Manchester of the East‘. The conventional weaving techniques wherein the fabrics are painted using traditional methods are still prevalent in the state.

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4.1.5 Urbanization and demographic status of Ahmedabad

Map 2 Population density of Ahmedabad and its agglomeration of year 2001

The present population of Ahmedabad according to census 2011 is 55, 70,5856lacs, which is an increase of 20,059224 persons in a decade whereas Municipal area increased by 110 sq.kms, in the same decade.

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Thesis 2013

Table 6 Ahmedabad statistical outline Source: (Ballaney)

4.1.6 Urban Planning Process in Gujarat Gujarat has a very comprehensive and robust legislative framework for urban planning as compared to other states in India. This legislative framework is known as the Gujarat Town Planning and Urban Development Act (GTPUD), enacted in 1976. The act is been amended from time to time to keep pace with the changing requirements or to meet the upcoming challenges due to urbanization. The GTPUDA mandates the delineation of a â&#x20AC;&#x2022;Development Areaâ&#x20AC;&#x2013; around a city or a town for planning purposes. It encompasses a much larger area around the city or town that is likely to see development. This ensures and allows for better planning and for guiding the development in the area. A village is the basic spatial unit and every development area is an agglomeration of numerous villages, or may also include portions of villages. Each village is an agglomeration of land parcels or plots. (Ballaney) The act also mandates the formation of a special planning authority- the urban/ area development authority (UDA/ADA) which is charged with the task of undertaking within the delineated Development area. In Gujarat urban planning is two stage processes under the GTPUD act, 1976. It is known as DP-TP mechanism. The first step is prepare the DP for the Shivani Shrivastava, URP 2910

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entire city and the second step is to prepare Town Planning Scheme (TPS) for smaller portions of the development area for which the DP is prepared. The DP-TPS mechanism is a techno legal mechanism for city planning, plan financing and plan implementation. The mechanism incorporates both city wide macro level and very detailed macro level planning. Also, the DP-TPS is inexpensive in nature. (Workshop on Town Planning Schemes- a way to develop best practices in town planning) Development Plan (DP) The DP is a macro strategic plan document that defines the direction of growth and envisions the citywide infrastructure for the entire development area. It is a comprehensive document that looks at all components of development and makes specific proposals with respect to each. (Ballaney) These include the following: • Land development—land use zoning, areas to be opened up for new growth, development control regulations (which determine the built form), and allocation for public uses • Road network and transportation • Water supply • Sewerage • Storm water drainage • Open spaces, green areas • Environment and pollution control • Reclamation of areas In every ten years the DP is revised and is varied in the interim whenever a need arises as per the development and growth of the city.

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Town Planning Scheme (TPS) TPS is a very old land development mechanism used in Gujarat under the GTPUD act 1976. Initially the Bombay Town Planning act 1915 was the guiding act in Maharashtra and Gujarat.TPS mechanism is primarily used for managing peripheral urban growth which requires the transformation of agricultural land to land suitable for urban use. The TPS are micro plans prepared for about 100 to 200 hectares typically involving 100 to 250 landowners. In TPS DPs vision is respected and accordingly the plan is laid out. In this manner Ahmedabad is able to achieve the comprehensive, grid iron and strong road network. SP ring road is one of the examples of successful TPS mechanism. The percentage of land expropriated is 15% for roads, 5% for parks, garden and open space, 5% for social infrastructure such as schools, dispensary, fire brigade, public utility place, 15% for sale by appropriate authority for residential, commercial or industrial use depending upon the nature of development and up to 10% for SEWS housing. In Gujarat, majority of land owners are satisfied because they also get compensated in lieu of land expropriated. On the other hand the landowners have to share 50% of profit of increased land value of the Final Plot they gets back and also they have to pay betterment levy and Extra development charges. In this manner TPS is a self sustaining model used for land development. To make the process fast many amendments were done in the GTPUD act 1976, like the TPS mechanism is split into 3 stages. Draft scheme, Preliminary Scheme and then Final Scheme each of which requires approval from the state government. By this manner the GTPUDA separated physical and financial considerations to address the long delays which occurred as financial issues between landowners and the government. Although some TPS get delay and takes years for completion. After the sanction of draft scheme from the state government, the authority takes the possession on land and starts laying down the basic services and a Shivani Shrivastava, URP 2910

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TPO is appointed for hearing the objections and suggestions from the landowners. This way GTPUD act separates the physical and financial considerations. The mechanism is operated by competent urban planners, a relatively strong, statutory role of urban planners in local government. Also the DP-TP mechanism is inexpensive in nature, fair and equitable. Although the TPS mechanism faces the issues like getting delay from state government side in sanctioning the schemes. Till date 135 schemes are implemented by AUDA and AMC which covers around 225.9103 square kilometres. One of the best examples of TPS is Sardar Patel ring road. In 1999, AUDA prepared 47 new schemes as a means of assembling land to create a new ring road around Ahmedabad i.e. Sardar Patel Ring Road. This was a pet project of AUDAâ&#x20AC;&#x2DC;s chairman, Surendra Patel. Initially the intention was to take the land from farmers in exchange for compensation as per the LA act of 1894, but this had provoked the farmers and landowners. Thereafter, AUDA officials had the meeting with affected farmers or landowners building their trust and convincing them to give up their land under TPS mechanism. More than 80 percent of the land for the 47-mile (76 kms) ring road was acquired through TPS, with landowners consent, receiving no compensation in return. (Deuskar) We have seen the positive part of TPS till now; well it also has some issues regarding urban poor. The question here comes is does TPS work for urban poor. Based on my literature study from various books, reports, periodicals TPS has been praised for providing land for low- income housing in year 2001 and 2009. AUDA has built almost 11,000 houses for the poor on land obtaining from TPS. It been said by Marshall that these no. of houses might not be sufficient according the slum population of Ahmedabad.

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Years

No. of TPS

Area of TPS in Cumulative Hectare of TPS

Upto 1999 2000-2002 2003-2004 2005-2006 2007-2008 2009-2010 2011-2012 TOTAL

22 24 10 9 0 31 22 135

2421 2634 1636 1302 2010 6254 5047 22406

no.

22 40 64 73 82 113 135 135

Table 7 TPS prepared in AMC and AUDA Source: (Workshop on Town Planning Schemes- a way to develop best practices in town planning)

The

GTPUDA

1976 says up to 10 percent

land

can be used for SEWS

housing.

AUDA had used up to percent in Prahlad

nagar

scheme,

whereas

up to

3 to

percent in other TPS. People

are

displaced their they

from

livelihood; might

received housing

not

Total no. of TPS

135

Total area of TPS in square kilometre S.no Land allotted to appropriate authority Road 1 Schools 2 Economically 3 weaker section housing Saleable Plots 4 Public utilities 5 Garden, Open 6 spaces, Playgrounds Total land allotted to Appropriate authority Private Final plots 7 area

225.9103 Total area percentage in Sq.km 31.40 13.6 7.13

15 1 3

17.06 6.59 6.88

8 3 3

70.45

32.52

146.16

67.48

proper Table 8 Land allotted to AUDA through TPS with

Source: (Workshop on Town Planning Schemes- a way to develop best

basic services and practices in town planning) infrastructure.

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Critical Appraisal of Town Planning Schemes of different states of India. A case of Gujarat, Madhya Pradesh and Chhattisgarh Steps

Development of TPS -Gujarat

Step 1 Step 2 Step 3 Step 4 Step 5

Step 9

Identification of land, land survey, Certification Map preparation ofofmap Consultation with Chief Town Planner Declaration of intention by a resolution of the local Body Publishing the notification and sending it along with the plan of the scheme area to the govt. Preparation of the Draft scheme and the regulations for carrying out the provision and publishing in the official gazette Inviting objection to the draft scheme by calling a public meeting Modification in the draft : submitting for sanction to the government Implementation of TPS started

Step 10

Sanctioning the draft Appointment of TP officer

Step 11

Subdividing the scheme into preliminary and final Scheme. Sanction of preliminary scheme Preparation of Final scheme and publishing Communication and inviting appeal : appointment of board of Appeal Hearing and giving decision on final appeal Making modification as per the decision of board of appeal and submitting final scheme for sanction Sanctioning Final Scheme

Step 6

Step 7 Step 8

Step 12 Step 13 Step 14 Step 15 Step 16 Step 17 Step 18

Thesis 2013

Sections -GTPUD Time Act 1976

Sec 41 (1) Sec 41 (1) Sec 41 (2) & Rule 21 days 16 of GTPUD -1976 Sec 41 (1)

12 months

Sec 47

1 month 2 months

Sec 48

Sec 48 (a) Amndmnt 99 Scheme- Sec 48 (2) Sec 50 -51

6 months 1 month

Sec 51

Sec 65 Sec 54 Sec 55-62

9 months 2 months 1 month

Sec 65 (2)

Sec 65 (1)

Notification and publication of final Sec 65 (2) Scheme Execution of work proposed in the scheme Sec69 within time decided in the draft scheme 3 years 2 months 21 days

3 months 1 Month

Table 9 Preparation of TPS of Gujarat

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Critical Appraisal of Town Planning Schemes of different states of India. A case of Gujarat, Madhya Pradesh and Chhattisgarh Prepa

Sanction

ration

scheme

Prepara

draft tion

Sanction Prepara

of of

tion

Thesis 2013 Sanction

of of

prelimin

final

draft

ary

scheme

schem

scheme

final

scheme

e Time taken per

0.25

0.16

1.25

0.25

0.5

0.97

1.07

0.48

4.20

1.07

(Chandod

(Thaltej-

(Ranip-

(TPS-22

iya-1)

38)

Chandkh

as Act

in years Minimu

m no. of (Nikol -101)

years

eda) Maximu

2.25

m no. of (Vejal pur-

years

14.2

2.73

(Vejalpur

(Vejalpu

(Ranip-

(Vejalpu

(Ranip-1)

-4,6)

r-4)

r-6)

4.30

3.42

8.51

4,5,6) Average no.

1.17

1.48

years Table 10 Duration of stages of TPS (based on data analysis of 140 TPS of AUA and AMC) Source: (Workshop on Town Planning Schemes- a way to develop best practices in town planning)

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Critical Appraisal of Town Planning Schemes of different states of India. A case of Gujarat, Madhya Pradesh and Chhattisgarh

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Map 3 Development Plan of Ahmedabad, 1999 (Ballaney)

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Critical Appraisal of Town Planning Schemes of different states of India. A case of Gujarat, Madhya Pradesh and Chhattisgarh

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Map 4 DP of Ahmedabad showing the phase wise development of Town planning scheme 1999 Source: (Ballaney)

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Critical Appraisal of Town Planning Schemes of different states of India. A case of Gujarat, Madhya Pradesh and Chhattisgarh

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Map 5 DP of Ahmedabad showing the TPS declared under the GTPUD act from 1915 Source: (Ballaney)

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4.2 Case 2: MADHYA PRADESH 4.2.1 State Profile 

Madhya

Pradesh

was

formed

November 1, 1956. 

Also known as "heart of India" due to its geographical location in India.



Till yea 2000 Madhya Pradesh was the largest state in India by area. After the formation

Chhattisgarh

state, Map 6 India‟s map showing the

Madhya Pradesh stands second.

location of Madhya Pradesh



Bhopal is the capital and Indore is the largest city of the state.



Madhya Pradesh marked by a complex social

structure,

predominantly

agrarian economy. 

The State Madhya Pradesh is abundant in mineral resources, and hence it‘s a largest reserve of diamond and copper in India.



Map 7 Madhya Pradesh district map 2001

Tribal population is dominant in Madhya Pradesh. This affects the HDI (Human Development Index) of the state.



More than 30 percentages is forest cover.



The Narmada is the major and longest river and also the life line of M.P

Map 8 Indore district map

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4.2.2 State demographic indicators 

The State has 27.63 %of Urban Population in 2011, which was in 2001.



The population of Madhya Pradesh consists of almost 20.27 percent of tribal people.



The main tribal groups are Gond, Bhil, Baiga, Mariya, Figure 15 Population of Madhya Pradesh of year 2001 and 2011 Sahariya etc.



Districts like Dhar, Jhabua and Mandla have more than 50

percent

tribal

populations. 

Due to the diverse tribal population

Pradesh

cut

Madhya off

development. 

from Figure 16 Proportion of Madhya Pradesh‟s population to India‟s population

Rank in Human Development Index of Madhya Pradesh is very low. The value of HDI is 0.375 in year 2011 which is below the national average.

Figure 17 Madhya Pradesh sectoral contribution in GDP

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4.2.3 City Profile: INDORE The Indore city which derives its

name

from

Indreshwar

temple was initially known as ‗Indur/ Indrapuri‘ is located on the western part of Malwa drained by two rivers namely Khan & Saraswati. The growth of Indore can be broadly placed in three distinct stages through history and the present stage is 400 year old. The population of the city increased from 57 thousand in the year 1911 to 16 lacs in 2001. The city‘s population density ranges from 100 persons/ha Map 9 Madhya Pradesh and Indore Planning

within the peripheral areas to as Region high as 1,028 persons per ha in

the core of the city. On an average, the decadal growth rate has been around 40% which is higher than the national growth rate of 22%. Migration is increasingly playing an important role in the population growth of the city. Being the only major city in the Western Madhya Pradesh, Indore serves as educational, medical and trade hub; catering to a large floating population. With rapid urbanization, a significant section of this floating population may become city residents. As per the census of India 2011, provisional population of Indore is 19, 60,631. It is 21, 67,447 by including the urban agglomeration. Future population projections have been attempted by IMC with various methods. The projections by geometric progression method indicate the population of Indore to be around 3 million (30 lacs) by the year 2021(IMC). Shivani Shrivastava, URP 2910

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City Growth The Indore city which derives its name from Indreshwar temple was initially known as ‗Indur/ Indrapuri‘ is located on the western part of Malwa Figure 18 Growth of Indore Planning Area drained by two rivers namely Khan & Saraswati. The growth of Indore can be broadly placed in three distinct stages through history and the present stage is 400 year old. 4.2.4 History Pre– Holkar Period In year 1728, Maratha king Bajirao Peshwa, handed over his kingdom to Malhar Rao, who ruled Indore between 1728-1766. During that time the total area 28.5 parganas. This area was developed cantonment while later it

Map 10 Growth of Indore city

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developed into commercial city. The region emerged as an important military camp, owing to its location. The Holkar Period Establishment of Holkars capital at Indore provided new forces for development of the city. In 1912 H. V. Lancaster was invited, by the local body to advice on expansion of the city and improvement in the sanitary conditions of the residential Map 11 Indore in 1990 areas. In 1918 Sir Pattrick Geddes was invited, by Maharaja Tukoji Rao Holkar to advise the Government and local body to advice in respect of expansion and improvement of the city. He prepared drainage

and

supply

water

schemes,

industrial development schemes,

suburban

development, housing schemes landscaping

and etc.

for

city. The

Postâ&#x20AC;&#x201C;

Independent Period 1920

Indore Map 12 Indore planning area in 2001

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Improvement Trust 1956 Indore Municipal Corporation 1973 Indore Development Authority 4.2.5 Urbanization and demographic status of Indore The

population

the

city

increased

from

Figure 19 Indoreâ&#x20AC;&#x;s decadal population variation from 1901 to 2011

57 thousand in the year 1911 to 16 lacs in 2001. The

cityâ&#x20AC;&#x2DC;s

population density

ranges

from

100

persons/ha within

the

peripheral areas to as high as 1,028

persons

per ha in the core Table 11 Decadal population variation of Indore of the city. On an average, the decadal growth rate has been around 40% which is higher than the national growth rate of 22%. Migration is increasingly playing an important role in the population growth of the city. Being the only major city in the Western Madhya Pradesh, Indore serves as educational, medical and trade hub; catering to a large floating population. With rapid urbanization, a significant section of this floating population may become city residents. As per the census of India 2011, provisional population of Indore is 19,60,631. It is 21,67,447 by including the urban agglomeration. (team) Shivani Shrivastava, URP 2910

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4.2.6Urban Planning process in Madhya Pradesh 1. Regional Plan of Indore Agro-Industrial Region Indore Agro-Industrial Region has been notified by Directorate of Town and Country Planning Bhopal with 7 districts namely Indore, Ujjain, Dewas, Shajapur, Mandsaur, Jhabua and Dhar but no efforts have been made to prepare Regional Plan for the Region 2. Sub - Regional Plan of Indore Metropolitan Region No such area has been notified 3. Indore Development Plan IDP 2021 was prepared by Directorate of Town and Country Planning Bhopal 4. Zonal Plan Indore Planning Area is divided in to 12 Planning Units as per the IDP-2021. Till now no Zonal plans have been prepared for any Planning Unit under IDP2021 5. Town Development Schemes/and other Schemes – This is smallest unit of Planning Initiative in the Planning Framework of Indore. IDA, IMC, MPHB and MPAKVN(I)L have prepared and Implemented many such Schemes. Some previous planning efforts Unlike other cities Indore had been benefited by consciousness of Holkar‘s and civic authorities towards planned development. 

In 1912 H V Lanchester was invited by Local Body to advice in expansion of city and improvement of sanitary conditions.



1918 saw legendry Sir Patrick Geddes planning the future development areas of City.Mill Area, Residency Area and MG Road are result of the Planned approach by Sir Patrick Geddes

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First ever legitimate planning intervention was carried out in 1974 with enforcement of Indore Development Plan 1991



After expiry of planning period for IDP-1991, two efforts namely Draft IDP-2005 and Draft IDP-2011 were failed to get final approval



Draft IDP-2011 was first ever planning intervention in India



with the help of multi-date remote sensing data viz. Landsat TM, IRS LISS- II, IRS LISS-III and IRS PAN data and usage of Geographical Information System in Physical Planning.



The same was appreciated nationally in the Indian Town Planning circuits.



Latest intervention was IDP-2021 which came in to force on 01/01/2008.

Various mode of Land Supply There are four major modes of Land Supply in Indore, namely 1. Public Authorities 

Indore Development Authority



Madhya Pradesh Housing Board

2. Co-operative Societies 3. Employees Housing 4. Private Developers 

Formal



Informal

Land Supply by Public Authorities is only 21% namely IDA-14% and MPHB 7%. The share of formal private developers is just 5% due to rigorous process of formal colonisation by private developers. The Co-operatives societies also have a major share due to incentives for them to in Land Development. In a way the Private developers in Indore has been active in Land supply through co-operative societies. They register their developed area as co-operative society as soon as they get customers to get incentives in Land Development. Shivani Shrivastava, URP 2910

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Inability of formal means of Land Supply had resulted in Land supply by Informal means to share majority of 50% through unauthorised colonisation and Slums.

Steps

Development of TDS -Madhya Pradesh

Sections - Time MPTCPA 1973

Step 1

Consultation with Chief Town Planner

Sec 41 (1)

Step 2

Declaration of intention by TCPO

Sec 50 (1)

Step3

Publishing the notification in Gazette and

Sec 50 (2)

30 days

Sec 50 (3)

24 months

sending it along with the plan of the scheme area to the govt. Step4

Preparation of the Draft town development scheme by TCP authority

from step 3

Step 5

Inviting objection to the draft scheme by calling

Sec 50 (3)

1 month

Sec 50 (4)

12 months

a public meeting Step 6

Modification of Draft scheme & submitting for final sanction to the government

from step 5

Step 7

Constitution of committee for hearing objections

Sec 50 (5)

& suggestions Step 8

Inviting

objections

and

suggestions

and Sec 51

30 days

submitting report to the TCP Department. Step 9

Approval of Final scheme & publishing in

Sec 50 (7)

Gazette by TCP authority. Public purpose of TDS

Sec 55

Step 11

Acquisition of land in TDS for TCP authority

Sec 56

Step 12

Disposal

Sec 57

land ,

buildings

year-

Undefined

Step 10

and

other

3 years

development works 3 years 1 months - 4 year 1 months excluding LA Table 12 Preparation of TDS of Madhya Pradesh

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4.3. Case 3: CHHATTISGARH 4.3.1 State Profile 

Chhattisgarh is a state in Central India whose geographical location ranges from 17 degree 46‘N to 24 degree 5‘N latitude and from 80 degree 15‘E to 84 degree 20‘E longitude.



Raipur became the capital of the

Map 13 India‟s map showing the location of Chhattisgarh State.

State Chhattisgarh on 1st November 2000. 

Chhattisgarh contributes 2.11% is national population. (UNDP)



Chhattisgarh is the richest state in terms of mineral wealth, with 28 major

minerals,

including

diamonds, gold, iron ore, coal, corundum, bauxite, dolomite, lime, tin and granite. 

71.04%

Map 14 Political map of Chhattisgarh

literacy

rate

Chhattisgarh in 2011. (UNDP) 

Nearly 44% of the total area of Chhattisgarh is covered by forest.



Chhattisgarh is the tenth largest state in India, having an area of 135,190 square kilometres (52,200 square mile) and by population, its ranks 16th most populated state of the nation.



The population density of the state is 108 per square km.



It is an important electricity and steel Map 15 Raipur district

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producing state of India. Chhattisgarh itself accounts for 15% of the total steel producer of the country. 

The government of Chhattisgarh recently shifted the capital to Naya Raipur to establish the identity of the state and also to provide for the insufficient social and institutional infrastructure. (ateliers)

Map 16 Raipur and planned expansion area of Naya Raipur



The Naya Raipur Development Authority planning area consists of 41 villages covering approximately 23742.63 Ha.



Naya Raipur would be a planned and designed new city of the 21st century to be a focus of socioeconomic and cultural life of the state of Chhattisgarh. The new city would be eco-friendly integrated in its inspiring existing landscape; efficient, healthy; modern, but caring for its traditional values.

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4.3.2 State demographic indicator 

Chhattisgarh

20%

state

population

residing in urban areas. So

basically

primarily a rural state. According to the report from

Government

India, at least 34% are scheduled tribes, 12% are scheduled castes and Figure 20: Chhattisgarh‟s district wise population and density (2011)

over 50% belong to official list of other Backward class (OBC). (ateliers) 

Chhattisgarh is generally perceived

tribal

dominated state. 

According to the 1991 census the tribal population in

the

districts

Chhattisgarh was: Drug 12.6%,

Raipur

Figure 21: Total urban population of Chhattisgarh

18.6%,

Rajnandgaon 25.3%, Bilaspur 23.4%, Surguja 54.8%, Raigarh 45.5%, Bastar 67.7%. 

The various tribes in the Chhattisgarh region are Gonds, Muri, Bhumja, Baiga, Kanars, Kawars, Halbas etc.



The State occupies 27th rank among 35 states of India on the basis of percentage of Urban Population.



The three districts of the state which are urbanized with more than 30% are Korba, Durg and Raipur.

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4.3.3 City Profile- RAIPUR Raipur is the present capital of the Chhattisgarh state. It is a fast developing industrial, commercial and administrative centre and a major contributor in the economy of Chhattisgarh. Raipur was on 55th position in the list of largest city agglomeration in India according to census 2001 and on 47th in 2011 census.

Figure 22 View of Raipur city in night



Metropolitan area is 226 kilometre square.



Raipur is also known as ‗Rice bowl of India‘.



In the east of the city of Raipur the river Mahanadi flows.



On the south lies the Deccan plateau.

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4.3.4 History of Raipur Raipur has been in existence since 9th century. Raipur district was the part of southern koasal and considered to be under Maurya kingdom. Changing of the site: During the reign of Bhuwaneshwardeva, the old settlement of Raipur was shifted to the present site when he got a new fort built at a better defensive site, close to the Boorha Talab in 1460 AD. (ateliers)

Map 17 Raipur urban growth

Raipur has gone through many periods. They are as follows: •

The Haihaivansi period

•

The Maratha period

•

The British period

•

The Post- Independence period

The capital of Chhattisgarh was shifted from Ratanpur and it remained under the British influence from 1818 to 1947. (ateliers)

Map 18 Raipur urban growth

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Existing City Structure Raipur‘s city structure is defined by a strong nucleus which is the intersection of GE road and NH 200 which acts as a major node for commercial and pubic/ semi – pubic activities. Raipur‘s growth is apparently guided by the NH-6 which runs on the southern periphery and restricted along northern side by the railway line. This led to the growth of industries and wholesale markets and go

Map 19 Main roads of Raipur city

downs along it which triggered the expansion on the north-eastern and southwestern side of the city. (ateliers)

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The urban pattern of Raipur is unorganized and unplanned resulting in urban sprawl. Although the Master plan 2021 has triggered high density commercial

Map 20 The developed areas of Raipur over the years

development along the eastern and western peripheral parts and planned residential development through Town Development Scheme on the adjoining green fields along the NH-6, the inner city lacks adequate infrastructure and basic amenities. (ateliers) â&#x20AC;&#x2022;Official record also indicates the development of a huge land area by unscrupulous colonizers who changed the use of land from agricultural to residential. The unauthorized colonies and the jhuggis clusters alongside have occupied 562 hectares or more of landâ&#x20AC;&#x2013;. (Dhar)

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Another major characteristic of the city is the interconnected system of talabs (ponds) and the settlement around. Most of the ponds are manmade and are in

Map 21 The locations of Ponds in the city Raipur

bad shape now. Budha Talab is the oldest which is 600 year old. 4.3.5 Urbanization and demographic status of Raipur In Chhattisgarh, the largest urban agglomeration consists of Raipur Municipal Corporation (RMC). Its planning area is spread over 188.01 sq.km and consists of 41 villages. Population

year

Raipur Municipal corporation

1010087

2011 census

Raipur Urban agglomeration

1122555

2011 census

Table 13 Population of RMC and RUA of year 2011

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4.3.6 Urban Planning process in Chhattisgarh Raipur urban agglomeration consists of the Raipur Municipal Corporation and a few outgrowths. A number of institutions are involved in the governance of Raipur city and surrounding Peri- Urban areas that constitute the (PRIA)agglomeration. Some of them were established through acts of legislature and others are part of state‘s governance framework.

Figure 23 Different agencies of Raipur and there scope of work



Raipur Municipal Corporation (RMC)

Raipur Municipal Council was formed in the year of 1867 and 26th August 1961 it was upgraded to Municipal Corporation status. The functional domain of RMC consists of water supply, sewerage, sanitation, roads, streetlight, general public health, fire brigade services, parks and gardens, poverty alleviation etc. 

Raipur Development Authority (RDA)

The Raipur Development Authority is playing a very important role in carrying about planned and organized growth of the city. The Raipur Development Authority (RDA) has drawn-up a Town Development Scheme based on Raipur Shivani Shrivastava, URP 2910

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Development Plan 2021, and is executing infrastructure development works in a city peripheral area so as to have planned urbanization of the city. This is being executed on a self financing model. 

Town and Country Planning Department

The main function and activity of Town & Country Planning are governed under Chhattisgarh Nagar Thata Gram Nivesh Adhiniyam 1973 Act and rules prepared are under Chhattisgarh Nagar Tatha Gram Nivesh Niyam 1976 and Chhattisgarh Bhumi Vikas Niyam 1984. The main functions are preparation of – •

Town Development Scheme,

•

Review

Evaluation

Modification

and existing

Development Plan, Preparation of Regional Development Plan, •

Monitoring and Enforcement of various schemes such as Integrated Development Plan of Small and Medium Towns (IDSMT) and

•

Urban

Figure 24 Diagram with the conceptual

Infrastructure administrative boundaries

Development scheme for Small & Medium Towns (UIDSSMT), •

Control on unauthorized development in towns and functions of State Nodal Agency for National Urban Information System Scheme.

The Town and Country Planning looks into the planning for the state and region also. 

State Urban Development Agency (SUDA)

The Ministry of Urban Development and Poverty Alleviation Government of India, in the year 1995 suggested that State Urban Development Agency Shivani Shrivastava, URP 2910

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(SUDA) / Urban Development Finance Corporation or a similar institution be constituted at State level: To handle the funds released under Centrally-sponsored and State Plan schemes. To manage State Urban Development Fund, To coordinate and monitor various urban various urban development programmes. In accordance with the suggestion of Central Government, the State Urban Development agency Chhattisgarh (SUDA) was constituted under the Chairmanship of the Departmental Minister and the District Urban Development agencies (DUDA) in all the 16 Districts were constituted and registered under the CG Registration of Firms and Societies Act, 1973. The SUDA Chhattisgarh has been registered on 11th June, 2001.

Naya Raipur development Authority (NRDA) Naya Raipur Development Authority (NRDA) is a special area development authority established by GoCG under the Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973 for development and administration of Naya Raipur. As part of development activities, NRDA is developing and shall develop infrastructure, utility and social projects by various procurement methods such as Public Private Partnership framework, Engineering procurement contracts Percent Rate/ Item Rate/ lump sum contract etc, depending on the nature of projects.

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Raipur master plan 2021 The master plan of Raipur city prepared by Raipur Development Authority has envisaged a population of 2.5 million in the year 2021 by densification of certain areas.

Map 22 Raipur Master Plan 2021

•

The Master plan identifies organized residential outskirts

development to

reduce

the

pressure

city of

development in the city centre. The residential areas would be green field development using Town Development Scheme. •

The Master plan highlights High FSI commercial development on NH-6 which connects to Naya Raipur also to help the city expand in a planned way.

•

It also emphasizes on recreational spaces

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within the city centre to act as breathing spaces. •

More land on the Northern side of the Raipur is being allocated for Industries.

•

The talabs are given special emphasis in the Masterplan and some are proposed to be developed as tourist spots.

The Raipur Development Authority has initiated a planned development of the city by proposing Town Development Schemes on city peripheral areas with development of necessary quality urban infrastructure and facilities to meet the aspirations of the people of the new State. This is proposed to accommodate a rapidly increasing city population and provide for an improved quality of urban life in Raipur. The implementation of Town Development Schemes (TDS) will cause a planned and a regulated city development and expansion incorporating residential,

commercial,

cultural,

institutional

and educational

sector

developments with adequate public amenities. As a pilot project, the Town Development Scheme 04, ‗Kamal Vihar‘ is a step towards a planned urban growth of Raipur. 4.3.7 Town Development Scheme (TDS) of Raipur Raipur Development Authority (RDA) is a Development Authority constituted under ―Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973‖. Town Development Scheme-4, also referred to as the KAMAL VIHAR, is a Town Development Scheme drawn in accordance with the Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam 1973, and the Raipur Development Plan 2021(Punarvilokit), [RDP, 2021]. The scheme involves reconstitution of land which is an accepted method of urban development. Reconstitution of land is a process wherein undeveloped urban land is developed due to laying of all urban infrastructure services and utilities, including making provisions as stipulated in the Chhatisgarh Bhumi Vikas Niyam 1984, National Building Code of India 2005, the relevant Development

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Plan of the city, National Urban Housing and Habitat policy, 2007 and the Chhatisgarh Awas Niti 2003/1995. The process involves â&#x20AC;&#x2022;partneringâ&#x20AC;&#x2013; with landholders in the scheme area wherein the landholders surrender their undeveloped land to the Development Authority. The Development Authority, in turn prepares detail layout plans in accordance with the Development Plan and relevant laws, guidelines and norms, causes the urban infrastructure development in the scheme area, and Returns developed plots to the land holders who had surrendered their undeveloped land to the Authority. The urban infrastructure development works include construction of all roads, drains, water supply system, sewerage system, electrical network, street lighting, community open spaces and gardens, bus-stops, fire stations, land reservation for EWS, etc. The entire cost of the infrastructure development works is assessed by the Development Authority and a certain portion of the developed plots is retained by the Authority. The cost of the Infrastructure development works is recovered by the Authority by sale of these plots retained by it. Therefore, the entire area of land available with the Development Authority after laying the services and facilities as detailed above is divided under two heads: (i)

Land pool for financing the infrastructure development [Land retained

by RDA]. (ii)

Developed plots returned to land holders.

The Proposed Town Development Scheme-4 [Kamal Vihar] is an area development project spread over 647.84 Ha, covering parts of villages Tikrapara, Devpuri, Dumartarai, Boriyakhurd and Dunda , Tahisil and District Raipur. The project has earmarked 169.07 Ha for roads, 170.03 Ha. for parks ,gardens and other utilities, 32.19 Ha. for EWS housing, 6.14 Ha. for schools and 2.23 Ha. for health facilities. All scheme level roads are proposed with dedicated green strips, sidewalks and cycle tracks. The Physical infrastructure proposed includes construction of: Shivani Shrivastava, URP 2910

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a) a network of urban roads including roads proposed in RDP 2021 b) a well planned underground drainage network c) water supply network based a Hydro-pneumatic water supply system, d) an underground electrical supply network e) an underground conduit network for future laying of telecommunication network, and f) an environmentally appropriate decentralized sewage treatment system

Map 23 Raipur map showing the location of Kamal Vihar Town Development scheme-04

Town Development Scheme -04 [Kamal Vihar] is a town development scheme as described in Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973. All development works proposed are in accordance with the Raipur Development Plan 2021 [Punarvilokit], Chhattisgarh Bhumi Vikas Niyam 1984 and National Building Code of India 2005. Once the infrastructure is laid down and made fully operational, the project shall be consigned to Raipur Municipal Corporation, for further management.

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The scheme is being implemented in accordance with the ‗reconstitution of land‘ method as prescribed in section-50 of the Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam 1973. The process, as laid down in the said act involves following proposals: a) Define and demarcate the areas allotted to / reserved for public purpose. b) Demarcate the reconstituted plots.6 c) Evaluate the value of original and reconstituted plots. d) Determine whether the areas reserved for public purpose are wholly or partially beneficial to the residents within the area of the scheme. e) Estimate and apportion the compensation to or contribution from the beneficiaries of the scheme on account of the reconstitution of the plot and reservation of portions for public purpose. f) Evaluate the increment in value of each reconstituted plot and assess the development contribution leviable on the plot holder: g) Provided that the contribution shall not exceed half the accrued increment in value. h) Evaluate the reduction in value of any reconstituted plot and assess the compensation payable thereafter. Following land allotment formula has been followed in the Town Development Scheme -04 [Kamal Vihar] ORIGINAL PLOT AREA

ALLOTTED PLOT AREA

90 – 120

52.50 SQM.

120-150

60.00 SQM.

150-200

71.875 SQM.

200-240

86.25

240-270

96.875 SQM.

270-290

102.50 SQM.

290 and above

SQM.

35% of original plot area

Table 14 Kamal Vihar land allotment formula followed in TDS-04 6

The land owners in the scheme area are allotted a developed plot in the scheme in the lieu of their original land. The area of plot allotted to individual land owners is a certain percentage of the original land.

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Land holders with area of their land below 90 sqm have not been allotted a developed plot, instead they have been proposed for payment of appropriate compensation through land acquisition. The minimum size of a developed plot proposed in the scheme is 52.50 sqm, which in turn means that the maximum percentage of developed plot returned to a scheme beneficiary is 58.33%. [For an original undeveloped land area of 90 sqm.] The minimum percentage of developed plot returned to a scheme beneficiary is 35 %. All scheme beneficiaries holding an original undeveloped land area of 290 sqm or more have been allotted either a single or multiple plots, in accordance with their specific request according to this ratio. Scheme beneficiaries holding land in residential land use areas have been allotted a residential plot[s], while those holding land in the PSP land use areas, or the composite land use areas have been allotted a PSP or a composite land use plot[s], respectively. RDA has retained approximately 10% of land, so as to sell the same and recover the cost of proposed infrastructure development.

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CHAPTER 5-COMPARITIVE ANALYSIS

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CHAPTER 5 COMPARATIVE ANALYSIS From the literature study done on Land development and management certain indicator are evolved. The indicators are used to critically analyse the town planning schemes of three cities taken from each state i.e. Ahmedabad from Gujarat, Indore from Madhya Pradesh and Raipur from Chhattisgarh. TPS starting from the implementing level under the legal Act to post development has been analysed. Issues have been found out at various stages of TPD/TDS and accordingly recommendation and proposal have been made.

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Indicators

Ahmedabad

Indore

Raipur

Thesis 2013

Inferences

LAND DEVELOPMENT BY The major suppliers of serviced land in The major suppliers of serviced land in The major suppliers of serviced These institutions involved in housing and urban public sector in Ahmedabadpublic sector in Indoreland in public sector in Raipurdevelopment whose responsibility rests with State PUBLIC SECTOR 1. Gujarat Housing Board (GHB) 2.Gujarat Slum Clearance (GSC) 3. Ahmedabad Urban Development Authority (AUDA)

1. Madhya Pradesh housing Board 1.Raipur Development Authority (MPHB) 2. Chhattisgarh housing board 2. Indore Development Authority (IDA) 3. 3.Madhya Pradesh Slum Improvement Clearance Board (MPSCB)

Government. The agencies are presided over by the apex policy and programming housing and urban development department. IDA &RDA has developed schemes by acquiring land through LA Act, 1894. Some of them in Raipur are Devendra nagar, Patoal nagar, Shailendra nagar, Katotla nagar

LAND DEVELOPMENT BY Initially in late 80s Private sector land Private sector contributes 90% of serviced Government recently came up with Since in Indore major land development is done by and housing developers play a dominant land supply.1 Town Development Scheme by private sector so the growth of city is haphazard, which PRIVATE SECTOR role in the supply of serviced lands and housing. Town Planning Schemes had done substantial land development.

LAND MODEL

DEVELOPMENT 1. Land Acquisition + Development 2. DP-Town Planning Scheme 3. Private township 4. City level project is done by Land Acquisition Example: Industrial development in Sanand City wide DP is made to identify the urban growth areas and to define city level infrastructure. Then for neighbourhood planning ‗TPS‘ are prepared to provide serviced land and housing for poor‘s. Town Planning Scheme is a micro level planning method used intensively for implementing Development Plan. A DP- TP mechanism

MINIMUM SIZE OF THE SCHEME

Shivani Shrivastava, URP 2910



100 to 1200 hectares

To be precise 1DA has supplied 14% and reconstitution of plots. MPHB has supplied 7% .2 Private sector played an important role in providing serviced land.

1. Land Acquisition + Development 2. DP + Laissez faire development 3. Town development scheme 4. Special project & Township (2011)

1. Land Acquisition + Development 2. DP + Laissez faire development 3. Town development scheme 4. Land Acquisition is more often used for Land Acquisition is more often Land Development. From past many used for Land Development. From years IDA is using LA method for city past many years RDA is using LA development. method for city development. City wide DP is made. Then Acquires the City wide DP is made. Then land for roads and approve individual Acquires the land for roads and layouts approve individual layouts

Indore has some hybrid kind of model. First priority is mutual agreement with land owner. If some of them are not agreed the agency go for LA for acquiring the land. 

No minimum size specified in the Act.

been

also resulted in formation of slums and deficient in basic infrastructure. Also, because the private developer cater to HIG and MIG most.

IDA and RDA have no discerned strategy for land development. It seems that the agency often notifies large tracts of land for acquisition in areas where already some amount of private development has begun. Till now Raipur development authority was on the same condition like Indore development authority but past from 4-6 yrs RDA has adopted plot re-constitution method.

Raipur also follows the same kind of model like Indore. But here the % of landowner becoming the partner in process of development is quite high. (approx70%) 

No minimum size is been specified in the Act.

Page 123

Critical Appraisal of Town Planning Schemes of different states of India. A case of Gujarat, Madhya Pradesh and Chhattisgarh

Indicators

Ahmedabad

Indore

MP Town & Country Planning Act,1975 GTPUD Act, 1975

URBAN DEVELOPMENT ACT

METHOD FOR ASSEMBLY

Consent (Since its mandatory)

LAND

Shivani Shrivastava, URP 2910

Raipur

Inferences

GTPUD Act is a very Robust act which gives a streamlined formulation and ChhattisgarhTown & Country Planning implementation of Land Pooling Scheme in Act,1975 comparison to other two Acts. (Chhattisgarh Nagar tatha Gram nivesh The other two acts still focusing on the adhiniyam,1975) conventional approaches for land development and management.

The act doesn‘t say any compulsory The act says compulsory participation in participation in Plot re-constitution scheme. The act doesn‘t say clearly about Plot Town Planning Scheme. If the owner is not willing to give his/her Re- constitution process Hence, no use of LA Act 1894. land, it could be acquired under LA act 1894. Section 40 to

LANDOWNER

(Madhya Pradesh Nagar tatha Gram nivesh adhiniyam,1975)

Thesis 2013

Plot Reconstitution

Since in MP and Chhattisgarh the act doesn‘t mandate compulsory participation of landowner in the schemes, so it takes time first to convince them and if some of them doesn‘t agree , agency have to go for LA Act which consume so much of time ,money Section 49 to Section 60 Section 49 to Section 60 and cumbersome. Time is saved in Ahmedabad because firstly it‘s compulsory to be a part of TPS and people are aware of TPS benefits also.  Consent (1. Developed Plot in  Consent (1. Developed Plot in Wherein in Indore much of the time is exchange of OP 2. Need exchange of OP 2. Need wasted in litigation. And People are not compensation) compensation) much aware of Land pooling Schemes. No  Un-consent (Maximum of them are  Un-consent (Maximum of them efforts are made from IDA also such as unaware of Scheme‘s profit) are unaware of Scheme‘s profit) taking seminars or workshop to convince  Not willing to give land (Court  Not willing to give land (Court people. Case) Case) But in Raipur the agency is taking seminars, group discussion with local people to make them aware of advantages of Land pooling/ re-constitutions schemes.

1. Mutual agreement with Landowner 2. LA

1. Mutual agreement Landowner (eg: Kamal Vihar)

with

In Indore landowners disagreement over LA leads dispute and land owner go to court for consideration claim increasing the delay in assembly.

Page 124

Critical Appraisal of Town Planning Schemes of different states of India. A case of Gujarat, Madhya Pradesh and Chhattisgarh

Indicators

Ahmedabad

Indore

Raipur

CLASSIFICATION

RESIDENTIAL

50RESIDENTIAL (25% given back to land owners)

ROADS

20-25

UPTO 10

15(1:2) of development

5-10

LAND USE OPEN SPACE BREAK UP SEWS LAND FOR SALE

PUBLIC OR SEMI15 PUBLIC LAND GIVEN LANDOWNERS

BACK

50-60%

25%

plotted

residential 15(1:2) of development

35%

Thesis 2013

Inferences

MP and Chhattisgarh Urban development act are inclusive in nature by earmarking minimum 15% of land for poor. Wherein in Gujarat it‘s up to 10%, but maximum 5-6% land is earmarked for poor. Land given for open space is double in MP and Chhattisgarh States plotted

residential Land utilization under roads is more in M.P & Chhattisgarh (20-25%). While Gujarat can manage the same in15% , other states too should take this factor into account

Giving maximum land back to landowner makes the scheme successful and encourages end users participation.

Yes, compensation is paid to No, compensation is not paid to land No, compensation is not paid to land Although compensation is paid in Gujarat, landowner by Government owners for their land taken by owners for their land taken by betterment levy and development charges are at market value Government for development Government for development not taken in the other two States. Looking to all three of them land earmarked Land Earmarked for poor‘s Land Earmarked for poor‘s is 15% in Land Earmarked for poor‘s is 15% in for poor‘s are same since in MP & LAND EARMARKED FOR is up-to 10% but nearly 41:2 ratio for EWS:LIG 1:2 ratio for EWS:LIG Chhattisgarh 15% of plotted residential POOR‟S 5% of land is kept for them. development is earmarked for poor‘s. A part payment is obtained A part payment is been done almost A part payment is been done almost 40,000 for EWS& 80,000 for LIG DISPOSAL OF LAND TO and then rest amount is 50,000 & rest on instalment. taken in instalments. Rest on instalment by tying up with POOR‟S Tie up with bank banks  SC/ST  SC/ST So such reservation are been  Handicapped  Handicapped RESERVATIONS made  MLAs  MLAs  Army etc  Army etc COMPENSATION LANDOWNERS

PAID

Shivani Shrivastava, URP 2910

Page 125

Critical Appraisal of Town Planning Schemes of different states of India. A case of Gujarat, Madhya Pradesh and Chhattisgarh

Indicators

Ahmedabad  

DISPOSAL OF LAND FOR SALE

  

Directly given back to landowners Rest sale from Land Bank is done at market price or direct negotiation

Raipur   

Public Auction Through inviting tenders Lottery system on applications received responding to advertisement

Inferences

Public Auction Through inviting tenders Lottery system on applications received responding to advertisement

Land disposal should be equitable in nature. Middle income group should cater the most inspite of high income group.

No such penalty is been applied on Penalty for non-utilization of allotted Penalty for non-utilization of allotted Penalty for post disposal should be non- utilization of allotted plots plots plots applied for optimum use of land.

POST DISPOSAL POST MANAGEMENT

Indore

Thesis 2013

OCCUPANCY

 Transferred to Urban Local Bodies 

2% of plot cost is been taken for 5yrs Handed over to IMC

A) Firstly IDA put cash from their funds. A) 50% is deducted from the landowner‘s OP and compensation is been paid.

FINANCIAL MECHANISM

B)Then they recover it by Sale of Land known as IDA‘s plot for (B) Total TPS cost is been calculated in residential, form of betterment levy which is taken from Landowner's on hid FP C) Sale of Land or given at 30 yrs of lease for the purpose of Public- Semi (C) 50% from the increment in Land value Public and commercial purpose. is been taken by Govt. D) Land owner doesn‘t have to pay any Total demand from the each landowner= betterment levy, (C+B) - A E) No registration fee, No Stamp duty fee



Given it to Private company

For Post occupancy management PPP model should be encouraged.

A) Firstly IDA put cash from their funds. B)Then they recover it by Sale of Land known as RDA‘s plot for residential, C) Sale of Land or given at 30 yrs of lease for the purpose of Public- Semi Public and commercial purpose. D) Land owner doesn‘t have to pay any betterment levy, E) No registration fee, No Stamp duty fee

DEVELOPMENT CHARGES

Landowner has to pay extra development charges at market rates to the authority

BETTERMENT LEVY

50% of total profit

In Gujarat the authority is giving up to 60-70 percent of the land back to the owners that are why they are charging development charges. Wherein in MP & Chhattisgarh only 25 to 35 percent of land is given back so they are not charging development charges.

Section 54 Commence

LAPSE OF THE SCHEME

implementation

within

Section 54

period of 2 yrs

Omitted by M.P act no. 1 of 2012

Complete its implementation within a period of 5 yrs from the date of notification of the final scheme

Shivani Shrivastava, URP 2910

Page 126

Critical Appraisal of Town Planning Schemes of different states of India. A case of Gujarat, Madhya Pradesh and Chhattisgarh

Thesis 2013

INDEX

Ahmadabad‘s Map

Indore‘s Map

AREA IN HECTARES

SECTOR-1

901.15

SECTOR-2

1223.10

SECTOR-3

580.36

SECTOR-4

869.95

SECTOR-5

924.10

SECTOR-6

976.22

SECTOR-7

475.53

SECTOR-8

746.83

Raipur‘s Map

Maps are not to be scale Shivani Shrivastava, URP 2910

Page 127

Critical Appraisal of Town Planning Schemes of different states of India. A case of Gujarat, Madhya Pradesh and Chhattisgarh Ahmedabad

Indicators

NAME OF THE SCHEMES

TYPE OF THE SCHEME

AREA (SIZE OF THE SCHEME)

TIME TAKEN INTENTION SANCTION OF SCHEME

LAND ASSEMBLY

Indore

Thesis 2013

Raipur

Inferences

CASE 1

CASE 2

CASE 1

CASE 2

CASE 1

CASE 2

Prahlad Nagar(TPS23,24,25& 26)

ChandkhedaTPS NO. 44

Scheme no. 165

Scheme no.114-I

Kamal Vihar

Indraprasath-II

Residential

Residential, Commercial, Institutional

Residential

Residential, Commercial, Institutional

Schemes are hybrid in type or use

Residential

162 hectare

217 hectares

Draft sanction TPS 2318/2/2000 FROM TPS 24TO 18/9/1999 FINAL TPS 2527/3/2000 TPS 266/11/2000

Compulsory Participation Landowner

Shivani Shrivastava, URP 2910

404.026hectare Net Planning area258.036 hectare

Draft sanction29/8/2003 Preliminary sanction18/12/2009 Final sanctionStill pending

Compulsory of Participation Landowner

30/1/2006 24/8/2007 1.5 yrs

Partially

102.110 hectare Net Planning area62.74 hectare

to 5/9/1984 to 3/12/1992 8.3 yrs

Partially

Residential Mixed Use

647.84 hectare Net Planning area364.45 hectare

4/9/2009 16/7/2010 1yr

53.23 hectare

to 9/7/2010 to 8/7/2011 2yrs

Consent with Land owners

and The size of the scheme should be manageable. It should be large enough for developing neighbourhood infrastructure and services. And small enough to manage theLPR exercise effectively. Schemes sizes are not specified in MP & Chhattisgarh. Authority end up by making small size TDS depending upon the nature of scheme. Taking small sizes of scheme is not feasible for authority to spend time, money & labour. In Ahmedabad possession on land is taken soon after the draft TPS is sanctioned. So majority of the physical development gets completed even if the scheme is not finalized by the government. No such provision is been provided in other Acts. Time delay is seen in all of the schemes. The reasons are at different levels from formulation to implementation and getting it sanction by State Government Delay at various stages 1. Preparation of Base Map 2. Land assembly in M.P 3. Litigation 4. Hearing of Objections and Suggestions in M.P 5. Getting final sanction from State Government

MPT&CP Act 1973 doesnâ&#x20AC;&#x;t mandateparticipation of landowner hence time consumed is more for land assembly. Earlier T&CP sanctions prior to the Notification Land for TDS such Lands GetExemption from the Scheme as per the Consent with provisions of MPTCP Act 1973. Land owners Large amount of Area gets encroached upon by the unauthorized Colonies (which gets regularization through the Municipal Corporation Actand IMC is custodian of this Issue) and Slums (who have got Patta underPatta Act 1984). Land Under Legal Dispute canâ&#x20AC;&#x2DC;t be acquired.

Page 128

Critical Appraisal of Town Planning Schemes of different states of India. A case of Gujarat, Madhya Pradesh and Chhattisgarh Ahmedabad CASE 1

Indicators

CASE 2

Indore CASE 1

CASE 2

% OF EARMARKED POOR‟S

2.22

15 of Re- constituted residential plot

% OF LAND ALOTTED FOR DIFFERENT PURPOSES

% OF LAND GIVEN BACK TO 48.34 LANDOWNER

LAND FOR 7.89

Raipur CASE 1

CASE 2

48.34

ROADS

19.83

15.52

27.99

28.67

26.03

24.30

OPEN SPACE

4.66

5.75

10.02

10.11

10.19

8.69

PUBLIC- SEMI 5.54 PUBLIC

6.24

5.82

8.05

3.82

3.85

7.89

2.22

15 % of Plot area

15 % of Plot 15 % of Plot area area

12.41

25% Residential area

100

LAND SALE

TOTAL

FOR

Shivani Shrivastava, URP 2910

Inferences

In Ahmedabad authority tries best to deduct as less as possible. There are many cases some of them is like in Bodakdev 1-B 74% of land given back to landowners 35 35 In Indore and Raipur substantially less amount of land is given back to landowner although the authority doesn‘t charge Extra Development Charges (EDS). But this tool doesn‘t come out to be efficient. 15 of Re- constituted residential The mode of payment option of 50% at allotment plot and rest in six half yearly down payment is also difficult for the LIG and EWS income Category.

RESIDENTIAL

SEWS

Thesis 2013

As in GTPUD act 1976, the allotment of land is clearly defined. It also says that the allotted % could be altered as per the nature of the scheme. In other two acts the allotment of land is not clearly defined. In MPT&CP Act 1975 says deduction for EWS should do as State housing Policy which is 15% of plotted development.

Up to 30% of land is given in circulation (Roads) in M.P & Chhattisgarh wherein Gujarat is able to manage in 15%. It shows flaws in layout plan of M.P & Chhattisgarh.

of 25% of 25% of 25% of Plot Residential Plot Residential Plot Residential Plot area area area

100

Page 129

Critical Appraisal of Town Planning Schemes of different states of India. A case of Gujarat, Madhya Pradesh and Chhattisgarh Ahmedabad

Indicators LAYING

CASE 1 DOWN

OF AUDA

Indore

Thesis 2013

Raipur

Inferences

CASE 2

CASE 1

CASE 2

CASE 1

AUDA

IDA

private company RMC

Involvement of private party in laying down the

(L&T)

infrastructure makes the scheme makes the

INFRASTRUCTURE

CASE 2

implementation fast. It saves time. Because the contract could be time bound. AMC

POST MAINTANENCE

AMC

Indore Municipal Indore Municipal Given to private Raipur municipal Again PPP in scheme makes it effective and Corporation

Corporation 2%

company (L&T) corporation the for three years

people get better services. Because ULB‘s already have responsibility of whole city.

premium LAND/ PLOTS DISPOSAL

GTPUDA 1976 GTPUDA 1976- Vyayan Viniyam Vyayan Viniyam State and

State State

housing policy

housing 1987

policy

1987

housing State

policy

housing Plots disposal are not up to 100% in Indore. First

policy

because of land prices. Time taken in litigation and

65% plots have

getting sanction from the state government actually

disposed

raises the land prices. Well, IDA has some pricing policy also. Wherein in Ahmedabad since 50-60 % of land is given back to original land owners the rest plots are sale by AUDA.

DEVELOPMENT

OF Provided

Provided

Neglected

PUBLIC INSTITUTION

Provided

In most of the cases land allotted for public

On PPP model

purposes are vacant. Developing them on PPP model could be beneficial to society and as well to agency.

EWS/

LIG

HOUSING AUDA

AUDA

IDA

RDA

poor‘s.

DEVELOPED BY

PRESENT

STATUS

Agency is not been able to achieve the target for

OF Provided

Provided

Neglected

Provided

Although under the act the land is earmarked for poor‘s. But it doesn‘t really reach them except

HOUING FOR EWS/LIG

some of the cases.

PRESENT

STATUS

OF .Well planned

Not well planned

Well planned

IDA does not able to give the basic services.

INFRASTRUCTURE

Wherein RDS has handed it over to Private

PROVIDED

consultant L&T.

Shivani Shrivastava, URP 2910

Page 130

Critical Appraisal of Town Planning Schemes of different states of India. A case of Gujarat, Madhya Pradesh and Chhattisgarh S.NO INDICATORS 1.

Does

AHMEDABAD Actâ&#x20AC;&#x;s Yes

the

Thesis 2013

INDORE

RAIPUR

ISSUES

RECOMMENDATION

HOW?

In MP & Chhattisgarh the act The act should be clear enough to Legal manual for Land

clearly says about

tells very briefly about the guide the people for efficient working Reconstitution/

formulation

Land Re-constitution method.

and

implementation

of Land development techniques. It Pooling

could

should be flexible in nature and published.

of Re-

should define the proper time frame

constitution/ Pooling

under which the schemes could be

method

executed. It should be very detailed

Land

and clear and specific in nature. 2.

Does Time bound Yes is 4 years, 1month

framework provided

Yes,

the

Acts?

Yes

Even if time bound framework Capacity building should be provided For capacity building of

4 years, 1 month

is been provided, the schemes in G for govt. Authority to get the officials and local public

Excluding the time

get stuck from getting sanction expedite outputs from them.

needed for

from state govt. and

land

assembly

workshops and seminars

Involve of new methods and models should be conducted.

In M.P & Chhattisgarh the for land assembly. scheme get delays at land More

Experts of related field

participation

of should come and guide the

assembly stage and also at landowners/private consultants.

authority/Govt./Public.

preparation of draft plan.

Handling

over

planning

the and

implementation schemes

private

consultants 3.

Land Yes,

expropriated their

allotment

% As

and expropriated

allotment

Bhoomi As

for Vikas Adhiniyam.

is different

given

per

Bhoomi In M.P and Chhattisgarh acts % of land expropriate should be given In M.P & Chhattisgarh

Vikas Adhiniyam.

itâ&#x20AC;&#x2DC;s not given

in the acts in a detail manner. It acts amendment should be

Allotment of land Allotment of land could is

done

per is

done

should be contextual to the scheme. done

per

make

the

By providing this the development necessary changes for face

be altered as per density/population

density/population

will be uniform and comprehensive in the challenges coming due

the nature/context of the scheme

of the scheme

nature.

to urbanization.

of the scheme 4.

Does these schemes Yes, are

able

to Example-

implement DP vision

Ring Road

No SP

Not at all comprehensive, The LP schemes which are micro DP- TDS/TPS should be integrated

is level projects should be able to full integrated to each other.

taking place especially

in fill

Indore.

of objectives

TDS/LP/LR Shivani Shrivastava, URP 2910

development

Absence schemes

the

broad of

level the

goals DP.

and Coordination

between

Proper T&CP and development

has implementation details should be authority should be built Page 131

Critical Appraisal of Town Planning Schemes of different states of India. A case of Gujarat, Madhya Pradesh and Chhattisgarh brought

the

Thesis 2013

haphazard provided in the acts.

development.

up.

Should learn from the other states They should work parallel successful

models

land to each other.

development methods 5.

Size of the scheme

Manageable

Not specified

100-1200 ha

2 ha to 500 ha

the

act

doesnâ&#x20AC;&#x2DC;t Size should be manageable in nature. Minimum

size

specified size of the scheme. The schemes should be integrated scheme

could

the made

Hence Small size TDS result with the adjacent schemes. If it will specified in the Act or in a in

piece

meal

land be integrated to DP level roads and to legal

development.

other

adjacent

roads,

implementation

percentage manual.

given under roads could be maintain and bring down to 15 percent. As it is done in Ahmedabad (Gujarat) 6.

Issues during Land Land

under LA

litigation

Assembly

a Land

is cumbersome

litigation.

transferred to re- process. constituted plots.

Land

People under aware

Problem remains litigation. the same

under M.P is still lacking in the Land assembly should be transparent Awareness camp could be procedure of Land assembly. in nature. More public participation conducted by experts to are

less Private participation is not should be incorporated for expedite make public and officials

the involved. People are not aware land assembly procedure.

schemes.

of new methods.

know about techniques or method for land assembly

Lack of peopleâ&#x20AC;&#x2DC;s

which are transparent in

awareness.

nature.

Possession on Land After sanction of That provision is That provision is IDA works like a private Capacity building programmes should MP and Chhattisgarh act and

Laying

down draft

TPS, not

there

which not

there

which organisation. Itâ&#x20AC;&#x2DC;s not working be initiated at local, to state to for

authority can take future delays the future delays the for local public.

infrastructure

possession land for

national level.

on land development land development RDA has started following laying process

down

the

process

new

model

i.e

TDS

could

modified by dividing into 3 stages. Planning stage,

Land

Physical

reconstitution.

development

stage and Financial stage

infrastructure 8.

Maximum

& 3yr to 10yr is minimum

Minimum

Time 15 yr to 20 yr maximum

Long

delays

the Time is the biggest issue in land After

development stagnant.

taken to complete

Schemes

the scheme

proliferation

are

under

development and management

maximum

crossing time

the to

used,

complete penalty could be

and

make from development

encroachment of slums start

authority and to complete

taking place.

on or before time award in

Development Shivani Shrivastava, URP 2910

make

city

any form could be given Page 132

Critical Appraisal of Town Planning Schemes of different states of India. A case of Gujarat, Madhya Pradesh and Chhattisgarh

Thesis 2013

unregulated and haphazard.

to make the development

Rise in land prices effects on

authority

the cost of developed plot

consultant motivated.

which

Appreciation award could

goes

beyond

the

affordable limit of an middle

private

be given.

class peoples. 9.

of Yes it is there in Not yet

Involvement Public

Private Ahmedabad

Partnership

in only

private Involvement of PPP not only makes Involvement

for

TDS-04

implementation,

implementation

schemes

For Kamal Vihar consultant they do not involve the development fast but also it will model

preparation

of of TPS

IDA works

but

preparation,

maintenance

Yes, partially

and

PPP

should

private private consultant for laying bring new techniques and design incorporated.

consultant

are down the infrastructure or for interventions.

And

integrated

model

involved for lying post maintenance.

Usually the development authorities could de made where the

down

are unable to handle large numbers of government and private

and

post

maintenance

infrastructures.

project.

Handling

private consultant works together

consultant might give positive results as a pilot projects in urban development of the city.

Shivani Shrivastava, URP 2910

Page 133

Critical Appraisal of Town Planning Schemes of different states of India. A case of Gujarat, Madhya Pradesh and Chhattisgarh

Thesis 2013

KEY PLAN-Raipur Not to scale INDEX

AREA IN HECTARES

SECTOR-1

901.15

SECTOR-2

1223.10

SECTOR-3

580.36

SECTOR-4

869.95

SECTOR-5

924.10

SECTOR-6

976.22

SECTOR-7

475.53

SECTOR-8

746.83

Map 24 Kamal Vihar- TDS-04

Maps are not to be scale Shivani Shrivastava, URP 2910

Page 134

Critical Appraisal of Town Planning Schemes of different states of India. A case of Gujarat, Madhya Pradesh and Chhattisgarh

Thesis 2013

KEY PLAN- Raipur Not to scale

Map 25 Indraprastha Phase-2

Shivani Shrivastava, URP 2910

Page 135

Critical Appraisal of Town Planning Schemes of different states of India. A case of Gujarat, Madhya Pradesh and Chhattisgarh

Thesis 2013

KEY PLAN- Indore Not to scale

Map 26 Plan of IDA scheme no. 114-I

Shivani Shrivastava, URP 2910

Page 136

Critical Appraisal of Town Planning Schemes of different states of India. A case of Gujarat, Madhya Pradesh and Chhattisgarh

Thesis 2013

KEY PLAN-Indore Not to scale

Map 27 Plan of IDA scheme no. 165

Shivani Shrivastava, URP 2910

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Critical Appraisal of Town Planning Schemes of different states Thesis of India. A case of Gujarat, Madhya Pradesh and Chhattisgarh 2013

CHAPTER NO.6: CONCLUSION India is on a big move. Urbanization not only brings economic growth but also brings lot many problems like insufficient supply of serviced land, lack of basic services and infrastructure which brings the haphazard development, sprawls, building up of slums and also deteriorates the urban environment. This research brings out the measures or proposal from which Town Planning scheme/ Town Development Scheme/ Land pooling/ Land Readjustment could used efficiently and effectively to manage the urban growth by providing or delivering serviced land on time. The study brings the detail knowledge of how TPS used in Ahmedabad, Indore and Raipur. And the process of planning, implementation makes the big difference in the overall development of the cities. The study could give the vision that how in most effective manner TPS tool could be used to manage the urban issues, housing, lack of infrastructure etc The broad five points I would like to make why there is a need to move away from conventional or traditional Land Acquisition method are1. Land Acquisition is old, cumbersome and time taking method. Most of the cases get stuck in litigations which take years to get settled and some time they donâ&#x20AC;&#x2DC;t get settled only. Hence the land assembly is in bits and parcel and the development takes place in piecemeal manner. LR/ LP/ TPS do not take years in land assembly because land is virtually pooled from the landowners. 2. Compensation paid in lieu of land taken from the landowner is often unsatisfactory. A person thatâ&#x20AC;&#x2DC;s why opposes the LA and files the case in the court. LR/LP/TPS is equitable means of development. Each landowner and leaseholder shoulder fairly land and expenses for development of urban facilities. On the other hand, the benefits accruing from the development are

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Critical Appraisal of Town Planning Schemes of different states Thesis of India. A case of Gujarat, Madhya Pradesh and Chhattisgarh 2013 also fairly distributed among then. Land readjustment project is oriented to self-financing. 3. Preservation of land titles Under land readjustment, land titles before a project are transferred to re-plots. Therefore, land titles are preserved during a project and a previous regional community remains. 4. Participation by landowners and leaseholders Landowners and leaseholders can participate in a project. Land readjustment is a democratic measure to reflect their views in the project. 5. Impartial procedures The processes for a project are regulated, ensuring transparency. When the scheme is implemented by local government, an advisory council of representatives of landowners and leaseholders follows the procedures. And when implemented by cooperative, general meetings of landholders and leaseholders

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